When is the deadline for summons commencing a part 50 appeal?
The catalogue records a 28 days period from The material date as defined in UCPR r 50.2(1). 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 50.2(1)
- Counting
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- r 50.3(1)(b): the judicial officer below may allow further time provided the application for further time is itself filed within the 28 days. r 50.3(1)(c): the higher court may allow further time, and r 50.3(2) requires the application for that extension to be included in the summons commencing the appeal. Not computed.
- UCPR Pt 50 applies to any appeal other than an appeal to the Supreme Court assigned to the Court of Appeal under the Supreme Court Act 1970, an appeal under Pt 5 of the Crimes (Appeal and Review) Act 2001, and the appeals excluded by r 50.1(c) (r 50.1). It therefore governs appeals to a single judge of the Supreme Court and appeals to the District Court from the Local Court Small Claims Division. "Material date" for Pt 50 is defined separately in r 50.2(1) and, for an appeal from the decision of a court, means the date on which the decision is pronounced or given; it is NOT the Pt 51 definition. Note the trap in the first extension limb: the application to the judicial officer for further time must itself be filed inside the original 28 days. Corrected on verification: the researched entry was named as a Supreme Court appeal only and did not distinguish the Pt 50 definition of material date in r 50.2(1) from the Pt 51 definition in r 51.2; Pt 50 also reaches appeals to the District Court.