When is the deadline for notice of appeal where a notice of intention to appeal has been filed and served?
The catalogue records a 3 months period from The material date as defined in UCPR r 51.2 (not the date the notice of intention was filed or served). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 3 months
- Trigger
- The material date as defined in UCPR r 51.2 (not the date the notice of intention was filed or served)
- 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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- r 51.9(1)(b): the Court may order another period, and under r 51.9(2) an application for that order may be included in the originating process. r 1.12 also applies. Not computed.
- The effect of a compliant notice of intention to appeal is to move the clock from 28 days to three months, but the three months still runs from the MATERIAL DATE, not from the filing or service of the notice of intention. This is a common error. The notice of intention must itself have been filed and served within 28 days of the material date under r 51.8 for this extended period to be available. r 51.9 governs the "relevant originating process", which covers a summons seeking leave to appeal as well as a notice of appeal (see r 51.10(1)(a)). Corrected on verification: the pinpoint has been made precise (r 51.9(1)(a), applied to a notice of appeal by r 51.16(1)(b)) and the obligation is to file AND SERVE.