When is the deadline for service of application for removal under judiciary act s 40?
The catalogue records a 7 days period from the date on which the application for removal is filed. 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.
Example pending review
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Calculation basis and source
- Period
- 7 days
- Trigger
- the date on which the application for removal is filed
- 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.
- The rule contains its own extension power: 'or such further time as the Court or a Justice may, by order, allow'. General enlargement power under r 4.02 also applies.
- Failure to comply carries the specific sanction in r 26.09.1: unless the Court, a Justice or the Registrar otherwise orders or directs, the application is deemed to have been abandoned, and on the respondent's request the Registrar shall provide a certificate of deemed abandonment with the costs consequences in rr 26.08.2 to 26.08.4. Removal applications are served by ordinary service, not personally (r 22.01.2). Form 17, 12 page cap (rr 26.01.1(a) and 26.01.3). Note that the underlying s 40 power itself has no fixed limitation period: Judiciary Act 1903 (Cth) s 40(1) and (2) permit removal 'at any stage of the proceedings before final judgment', which is a substantive limit rather than a computable period.