When is the deadline for interlocutory application to set aside or vary a judgment or order after entry?
The catalogue records a 14 days period from Entry of the judgment or order. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 14 days
- Trigger
- Entry of the judgment or order
- Counting
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- NONE. r 39.04(4) provides that 'Despite rule 1.39, the Court may not extend the time fixed by subrule (2) or (3) of this rule.' Do not offer or compute an extension.
- Added on verification: missing from the researched catalogue, which contained no non-extendable rule-based period at all. This is one of the very few periods in the Federal Court Rules 2011 (Cth) that r 1.39 cannot extend. Time runs from ENTRY of the judgment or order (see rr 39.31 to 39.35), not from pronouncement, which distinguishes it from the appeal periods in rr 35.13 and 36.03. The Court may also act on its own initiative within the same 14 days (r 39.04(3)). Expiry does not extinguish every remedy: r 39.04(5) preserves the Court's other powers to set aside or vary, and r 39.05 and the appeal route remain. Period exceeds 5 days so r 1.61(3) does not apply; r 1.61(5) does.