When is the deadline for section 78b notice where matter arises before a hearing day?
The catalogue records a 14 days period from the day fixed for the hearing of the proceeding (counted backwards). 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 fixed for the hearing of the proceeding (counted backwards)
- 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.
- Rule 5.02.2(b)(iv) allows the Court or a Justice to fix the time where the matter arises during the hearing itself. General enlargement power under r 4.02.
- Counts backwards from the hearing date. 'Not later than 14 days before that day' is the classic clear days formulation: 14 clear days must intervene between service and the hearing day. Rollover is set to review rather than next-open-day because rolling a backward-counted deadline forward onto the next Registry-open day would shorten the notice period and defeat the protective purpose of the provision; the safe practice is to move the deadline earlier, not later. Rule 4.01.5 is drafted for the last day for doing an act and does not sit comfortably with backward-counted minimum notice periods. Corrected on verification: this entry was encoded with count 'clear-days'; that is wrong for the High Court of Australia. High Court Rules 2004 (Cth) r 4.01.3 provides that where a time is 'to end on or to be calculated to a day or event the day or the day of the event shall be included', and r 4.01.1 makes Part 4 the exclusive method of calculation, so only the day the act is done is excluded (r 4.01.2). The count is therefore ordinary first-day-excluded counting with the target day included: the act must be done on or before the target day minus 14, not minus 15. Clear days is a CPR concept with no counterpart in these Rules. Source: High Court Rules 2004 (Cth) rr 4.01.1 to 4.01.3, Compilation No 30, compilation date 1 March 2026.