When is the deadline for application for leave to appeal from an interlocutory judgment?
The catalogue records a 14 days period from The date on which the judgment was pronounced or the order was made. 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 date on which the judgment was pronounced or the order was made
- Counting
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- An application for an extension of time to seek leave to appeal may be made under r 35.14, during or after the r 35.13 period, supported by an affidavit explaining why the application was not filed in time and a draft notice of appeal. Never compute the extension.
- Leave to appeal is required for an interlocutory judgment under s 24(1A) of the Federal Court of Australia Act 1976 (Cth), subject to the exceptions in s 24(1C) (liberty of an individual; contempt). Section 24(1D) deems certain judgments interlocutory, including consent judgments and the grant or refusal of summary judgment under s 31A. The 14 days runs from pronouncement of judgment, not from entry of the order. r 1.61(5) excludes 24 December to 14 January, which materially extends short appellate windows over the vacation.