When is the deadline for service of notice of motion before the return date?
The catalogue records a 3 days period from The date fixed for hearing of the motion (counted backwards). 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 days
- Trigger
- The date fixed for hearing of the motion (counted backwards)
- 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 is expressed "unless the court orders otherwise"; abridgement is also available under UCPR r 1.12. Not computed.
- This is the clearest illustration of the NSW short-period rule. Because the period is 5 days or less, UCPR r 1.11(3) excludes every day on which the registry is closed, wherever in the period it falls. Judicial Commission of New South Wales, Civil Trials Bench Book, Reckoning of time: for a motion returnable on a Wednesday, service must be effected by the previous Thursday, the three days being Friday, Monday and Tuesday, the registry being closed on the Saturday and Sunday; if the Monday is also a public holiday, service must be effected by the previous Wednesday. Both the day of service and the hearing day are excluded, which is why this is encoded as clear days. A backwards count does not roll forward; if the resulting date is a registry closure day, service must be earlier. Rule text verified verbatim against the current consolidation on legislation.nsw.gov.au.