When is the deadline for supreme court - appeal from a final order of the local court on a question of law?
The catalogue records a 28 days period from The day on which the order complained of was 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 on which the order complained of was made
- Counting
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- Rollovers and holidays
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- Leave to appeal out of time may be granted only if the Supreme Court (a) is of the opinion that the failure to institute the appeal within 28 days "was due to exceptional circumstances"; AND (b) is satisfied that the case of any other party to the appeal "would not be materially prejudiced because of the delay" (s 19(2)). Both limbs must be satisfied. This is a materially higher threshold than the at-large extension power in Order 82.
- This is a period required by an Act, so it displaces SCR r 82.04(2)(b) by force of r 82.04(2)(a). The appeal is limited to a question of law and lies only from a FINAL order. Computation is governed by Interpretation Act 1978 (NT) s 28 rather than SCR r 3.01, so the SCR r 3.04(1) Christmas vacation exclusion does not apply, although the appeal itself must be brought in accordance with the Supreme Court Rules (s 19(5)). Corrected on verification: the researcher's statement of the second limb of s 19(2) carried a double negative ("is satisfied that no other party's case would not be materially prejudiced") that reversed its sense. The provision requires the Supreme Court to be satisfied that the case of any other party to the appeal WOULD NOT be materially prejudiced because of the delay: Local Court (Civil Procedure) Act 1989 (NT) s 19(2)(b), as in force at 1 May 2016 (official consolidation, legislation.nt.gov.au). The 28-day period in s 19(1)(a) is confirmed unchanged.