When is the deadline for application for an order of review under the ad(jr) act?
The catalogue records a 28 days period from The day on which the document setting out the terms of the decision, or the statement of reasons, is furnished to the applicant (per the three limbs of s 11(3)). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The day on which the document setting out the terms of the decision, or the statement of reasons, is furnished to the applicant (per the three limbs of s 11(3))
- 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.
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- s 11(1)(c): the application may be lodged 'within the prescribed period or within such further time as the court concerned (whether before or after the expiration of the prescribed period) allows'. Procedure is FCR r 31.02 (application in Form 67 with an affidavit explaining the delay and a draft application complying with r 31.01). Never compute the extension.
- Because the period is fixed by an Act and not by the Rules, FCR r 1.61 does not apply. Counting is governed by Acts Interpretation Act 1901 (Cth) s 36: the trigger day is not counted (table item 6 and Example 6), and s 36(2) allows the act to be done on the next day that is not a Saturday, Sunday or holiday. CRITICALLY, the FCR r 1.61(5) exclusion of 24 December to 14 January does NOT apply to this period, unlike ART Act appeals under s 174(2A). An AD(JR) application may be joined with a s 39B Judiciary Act 1903 (Cth) application arising out of the same subject matter (r 31.01(3)).