When is the deadline for issue of execution without leave?
The catalogue records a 6 years period from the date of the judgment or order. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 years
- Trigger
- the date of the judgment or order
- Counting
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- Rollovers and holidays
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- Rule 10.01.2 provides that where r 10.01.1 does not apply, a person claiming to be entitled to issue execution may apply to the Court or a Justice for leave, and r 10.01.3 permits leave to be granted on such terms as to costs or otherwise as appear just. Expiry of the 6 years therefore converts execution into a leave-dependent step rather than extinguishing it.
- The 6 years applies as between the ORIGINAL parties. Where the interest or liability has been assigned or transmitted, or the parties have otherwise changed, leave is required under r 10.01.2 regardless of elapsed time. Rule 8.02 governs the effective date of judgments and orders, and r 8.06 deals with interest on judgments and costs. Rule 10.02.1 provides that an order of the Court or a Justice may be enforced against all persons bound by it in the same way as a judgment to the same effect.