When is the deadline for section 78b notice of a constitutional matter arising in a notice of appeal?
The catalogue records a 14 days period from the day of the grant of leave or special leave to appeal. 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 day of the grant of leave or special leave to appeal
- 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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- Rule 5.02.1(b)(iv) allows the Court or a Justice to fix a different time in cases not covered by subparagraphs (i) to (iii). General enlargement power under r 4.02.
- Judiciary Act 1903 (Cth) s 78B(1) imposes a duty on the court not to proceed in a cause involving a matter arising under the Constitution or involving its interpretation until satisfied that notice has been given to the Attorneys-General and a reasonable time has elapsed for them to consider intervention or removal. Section 78B(3)(b) dispenses with notice to a particular Attorney-General where that Attorney-General or the relevant polity is already a party. Section 78B(5) preserves the court's ability to grant urgent interlocutory relief without delay. The notice must be in Form 1 and must state specifically the nature of the matter and the facts showing s 78B applies (rr 5.01.2 and 5.01.3).