When is the deadline for notice of intention to appeal to the court of appeal?
The catalogue records a 28 days period from The material date as defined in UCPR r 51.2. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 28 days
- Trigger
- The material date as defined in UCPR r 51.2
- 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.
- The Court may extend time under UCPR r 1.12; r 51.9(1)(b) allows the Court to order a different period for the originating process that follows. Not computed.
- Filing a notice of intention to appeal is optional, but it is the only way to obtain the extended three month period for filing and serving the relevant originating process under r 51.9(1)(a). "Material date" is defined in r 51.2: for a judgment given in Supreme Court proceedings, the date the judgment is given; for any other judgment in Supreme Court proceedings, the date of entry; for an order in Supreme Court proceedings, the date the order is made; for a verdict in Supreme Court proceedings, the date the verdict is given; and for any other decision, whether in Supreme Court proceedings or not, the date the decision is pronounced or given. r 51.9(3) confirms that filing and serving a notice of intention to appeal does not commence proceedings in the Court. Corrected on verification: the obligation is to FILE AND SERVE within 28 days, not merely to file; the Note to r 51.8 also requires a copy to be filed or lodged with the court below under r 51.42. Rule text verified verbatim against the current consolidation on legislation.nsw.gov.au.