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When is the deadline for appeal to a judge from a decision of an associate judge of the supreme court?

The catalogue records a 28 days period from The material date as defined in UCPR r 49.8(5). 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 49.8(5)
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.

  • ASYMMETRIC. r 49.8(3): the associate Judge may extend the time allowed under subrule (2) only within 28 days after the material date, or on a notice of motion filed within 28 days after the material date, and not otherwise. r 49.8(4): the Supreme Court may extend the time allowed under subrule (2) at any time. Not computed.
  • Added on verification: this period was missing from the researched catalogue even though it is the standard route for challenging an associate Judge's decision. "Material date" for this rule is defined in r 49.8(5) and means, for an appeal from a judgment, the date the judgment was given; for an appeal from an order, the date of the order; and in any other case, the date of the decision under appeal. The associate Judge's own extension power is itself time-limited, which is a trap. Rule text verified verbatim against the current consolidation of the UCPR on legislation.nsw.gov.au.

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