When is the deadline for notice of intention to proceed after a year of inactivity?
The catalogue records a 1 month period from the day on which the party intends to take the next step in the proceeding (counted backwards from that step). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 1 month
- Trigger
- the day on which the party intends to take the next step in the proceeding (counted backwards from that step)
- 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 of the notice period by order.
- 'month' means calendar month (r 1.06). The obligation is engaged once a year or more has elapsed since ANY party took any step, not only the party wishing to proceed. 'Not less than 1 month's notice' is a minimum notice period counted backwards from the intended step, so it is encoded as clear days and rollover is set to review: rolling the deadline forward would shorten the notice given. Where 3 years or more has elapsed, the separate and stricter r 4.03.2 regime applies and no step may be taken at all without leave. Corrected on verification: this entry was encoded with count 'clear-days'. High Court Rules 2004 (Cth) r 4.01.3 expressly INCLUDES the day to which time is calculated, and r 4.01.1 makes Part 4 the exclusive method of calculation for periods fixed by or under the Rules, so the High Court Rules have no clear days rule. The notice must be given on or before the day one calendar month before the intended step, the day of that step being included in the month and the day of notice excluded. Source: High Court Rules 2004 (Cth) rr 4.01.1 to 4.01.3 and r 1.06 ('month means calendar month'), Compilation No 30, compilation date 1 March 2026.