When is the deadline for supreme court and court of appeal - file and serve notice of appeal?
The catalogue records a 28 days period from The day the decision being appealed from is made. 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 day the decision being appealed from is made
- 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.
- An extension of time to file a notice of appeal may be applied for under SCR Part 3 of Order 82 (rr 82.14(b)(i), 82.15(2)), supported by written submissions setting out the reasons for the delay and why the extension should be given (r 82.16(2)(c)-(d)). No statutory test is prescribed.
- This is the residual rule. Order 82 applies to ALL appeals under a law of the Territory to the Supreme Court (single judge or Full Court), the Court of Appeal and the Court of Criminal Appeal (r 82.02). Where an Act fixes its own period, that period displaces the 28 days (r 82.04(2)(a)) - for example Local Court (Civil Procedure) Act 1989 s 19(1)(a) and Criminal Code Act 1983 (NT) Sch 1 s 417(1). Runs from when the decision is MADE, not from entry of the order or receipt of reasons. Filing at the Registry, so r 3.01(5) applies and r 3.04(1) excludes 24 December to 9 January.