When is the deadline for application for leave or special leave to appeal?
The catalogue records a 28 days period from the day the judgment below was pronounced. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- the day the judgment below was pronounced
- 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.
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- Rule 41.02.2 provides that if the application is not filed in time the applicant shall (a) in the application, seek an order that compliance with that time limit be dispensed with, and (b) file and serve an affidavit explaining the failure to comply. The general enlargement power is r 4.02: any period fixed by or under the Rules may be enlarged or abridged by order of the Court or a Justice, whether made before or after the expiration of the time fixed. Extension is never automatic and is not computed here.
- The central appellate deadline for the High Court. Time runs from pronouncement of the judgment below, not from entry or perfection of the order and not from receipt of written reasons. The trigger is the judgment of the court below (a State or Territory Supreme Court, the Full Court of the Federal Court, or a Justice of the High Court), see Judiciary Act 1903 (Cth) ss 34, 35, 35AA. Rule 41.01.4 requires the application to be accompanied by the sealed order and reasons below, and in criminal cases the indictment, transcript of plea or summing up, transcript of verdict and sentencing remarks. Rule 41.01.3 caps the application at 12 pages. Costs of an application for extension of time are dealt with by r 56.13.