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When is the deadline for notice of intention to apply for leave to withdraw election petition?

The catalogue records a 14 days period from the day of the application for leave to withdraw the petition (counted backwards). This draft page remains free only until its source, worked example and limits are reviewed.

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In preparation

The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.

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Calculation basis and source

Period
14 days
Trigger
the day of the application for leave to withdraw 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. Withdrawal itself requires leave of the Court or a Justice on such terms as it thinks fit (r 32.05.1).
  • Minimum notice period counted backwards from the hearing of the application for leave, given by newspaper advertisement rather than by service. The purpose of the advertisement is to allow another competent person to apply to be substituted as petitioner under r 32.05.3, so rolling the deadline forward would defeat the provision; rollover is set to review. Rule 32.05.4 makes equivalent provision for substitution where a sole petitioner dies before trial. 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.

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