When is the deadline for service of originating application and accompanying documents?
The catalogue records a 5 days period from The first directions hearing or the hearing, whichever is the earlier. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 5 days
- Trigger
- The first directions hearing or the hearing, whichever is the earlier
- 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.
- The Court may extend or shorten the time for service (r 1.39, expressly noted at r 8.06 Note 1); power exercisable before or after the time expires and whether or not the application is made before expiry.
- Counted backwards from the hearing date, so no roll-forward: if the fifth day before falls on a non-business day, service must be effected earlier, not later. Personal service under Div 10.1 may be effected on any day, so r 1.61(4) does not apply. Because the period is 5 days, r 1.61(3) applies and non-business days in the place of service are not counted; r 1.61(5) also excludes 24 December to 14 January.