When is the deadline for appearance to writ of summons where served outside australia?
The catalogue records a 42 days period from the date of service of the Writ of Summons on the defendant. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 42 days
- Trigger
- the date of service of the Writ of Summons on the defendant
- 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.
- Service outside Australia is permitted without order in any case where originating process in the Federal Court may be served out of Australia under the Federal Court Rules (r 9.07.1), and need not be personal so long as it complies with the law of the place of service (r 9.07.2). Where a party served out of Australia does not appear, r 9.07.3 requires the Court or a Justice to be satisfied of jurisdiction and due service before granting liberty to proceed.