When is the deadline for service of summary judgment application and supporting affidavit?
The catalogue records a 14 days period from The hearing of the summary judgment application. 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
- The hearing of the summary judgment application
- 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.
- r 1.39.
- Counted backwards. Longer notice than the r 17.01(2) general interlocutory period of 3 days, reflecting the finality of the relief. Grounds are set out in r 26.01(1) and mirror s 31A of the Federal Court of Australia Act 1976 (Cth) (no reasonable prospect of success). Period exceeds 5 days so r 1.61(3) does not apply; r 1.61(5) does.