When is the deadline for application for constitutional writ of mandamus (refusal to hear and determine)?
The catalogue records a 2 months period from the day of the refusal to hear. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 2 months
- Trigger
- the day of the refusal to hear
- 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 4.02 general power to enlarge or abridge, before or after expiry. Rule 25.05.1(b) requires that where an application is not filed within an applicable time limit, the supporting affidavit must explain the failure to comply with that time limit.
- 'month' means calendar month (r 1.06). This is original jurisdiction under s 75(v) of the Constitution and Judiciary Act 1903 (Cth) s 30. Note the wording 'after the day of the refusal', which puts the exclusion of the trigger day beyond doubt independently of r 4.01.2. Rule 25.03 requires service within 7 days of filing. The application must be served personally (r 22.01.1).