When is the deadline for service of notice of constitutional matter (judiciary act s 78b)?
The catalogue records a 7 days period from Filing of the originating application or pleading in which the constitutional matter arises. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 7 days
- Trigger
- Filing of the originating application or pleading in which the constitutional matter arises
- 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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- r 1.39; and the Court's power under s 78B(5) of the Judiciary Act 1903 (Cth) to continue to hear the matter notwithstanding.
- Service is on each person required by s 78B of the Judiciary Act 1903 (Cth) and on each other party. Service may be effected on a non-business day, so r 1.61(4) roll-forward does not apply. Period exceeds 5 days so r 1.61(3) does not apply; r 1.61(5) does. An affidavit of service must be filed as soon as practicable after service. Corrected on verification: the researched entry quoted only limbs (a) and (b) of r 8.12(2) and encoded a single 7-day period with no flag. Rule 8.12(2)(c) and (d) of the Federal Court Rules 2011 (Cth) (compilation of 11 June 2026, Federal Register of Legislation F2011L01551) add a backward 14-days-before-hearing limb and a court-directed limb, so the provision cannot be reduced to one period; needsVerification has been set.