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When is the deadline for affidavit of service or lodgment of special leave application?

The catalogue records a 7 days period from the day the applicant completes service on the respondents under r 41.03.1 and lodgment with the court below under r 41.03.2. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
7 days
Trigger
the day the applicant completes service on the respondents under r 41.03.1 and lodgment with the court below under r 41.03.2
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.
  • Where service was effected by Registry notification under r 9.04A.1, r 9.04A.3 provides that an affidavit of service is not required. Corrected on verification: the trigger previously read 'serves the respondents OR lodges with the court below'; r 41.03.3 uses 'and', not 'or', so the two acts form a single composite trigger and the safe anchor is the earlier of them. Source: High Court Rules 2004 (Cth) r 41.03.3, Compilation No 30, compilation date 1 March 2026. Contrast r 42.05.5, the appeal equivalent, which does use 'rule 42.05.1, 42.05.2 or 42.05.3'.

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