When is the deadline for defence to statement of claim?
The catalogue records a 28 days period from Service of the statement of claim on the defendant. This draft page remains free only until its source, worked example and limits are reviewed.
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Example pending review
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Calculation basis and source
- Period
- 28 days
- Trigger
- Service of the statement of claim on the defendant
- 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.
- UCPR r 1.12: the court may by order extend or abridge any time fixed by the rules or by any judgment or order of the court, and may do so before or after the time expires, even where the application is made after expiry. r 14.3(1) itself permits the court to direct "such other time". Not computed.
- Applies in the Supreme Court, District Court and Local Court. Counted under UCPR r 1.11(2), so the day of service is not counted. r 14.3(2) qualifies the position where a notice of motion for summary judgment under r 13.1 is served before the defence is filed and the court does not dispose of all claims on that motion, in which case the court may fix the time for the defence. Failure to file within this time makes the defendant a defendant "in default" for the purposes of UCPR Pt 16 (r 16.2(1)(a)), opening the way to default judgment. Rule text verified verbatim against the current consolidation on legislation.nsw.gov.au.