When is the deadline for application to the federal court alleging unlawful discrimination after termination of a complaint?
The catalogue records a 60 days period from The date of issue of the President's notice of termination under s 46PH(2). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 60 days
- Trigger
- The date of issue of the President's notice of termination under s 46PH(2)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- s 46PO(2) itself allows 'such further time as the court concerned allows'. The extension is at large and is commonly sought where the applicant was unrepresented. Never compute the extension.
- Added on verification: an entire practice area was missing from the researched catalogue, even though Division 34.8 of the Federal Court Rules 2011 (Cth) governs it. The right to apply arises only where the complaint has been terminated under s 46PE, s 46PF(1)(b) or s 46PH and the President has given a notice under s 46PH(2) (s 46PO(1)). Time runs from the DATE OF ISSUE of the notice, not from receipt. Because the period is fixed by an Act, FCR r 1.61 does not apply: counting is under Acts Interpretation Act 1901 (Cth) s 36 and there is NO 24 December to 14 January exclusion. The originating application must be in Form 116 and be accompanied by a copy of the original complaint and the notice of termination (r 34.163(2)).