When is the deadline for notice of day fixed for commencement of trial of election petition?
The catalogue records a 14 days period from the day fixed for commencement of the trial of the petition (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 commencement of the trial of the petition (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 4.02 general power to enlarge or abridge, which would permit abridgment by order. Rule 32.04.4 provides that an order appointing the time and place of trial may be varied from time to time, which may reset the anchor date.
- 'Not less than 14 days' notice' is a minimum notice period counted backwards from the trial date, encoded as clear days. Rollover is set to review because rolling the deadline forward would shorten the notice period. Rule 32.04.2 requires the notice to be given both by service on all other parties and by advertisement in a newspaper circulating in the State, Territory or Electoral Division for which the election was held. 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.