When is the deadline for minimum nominated time for reply to an applicant's pre-application letter?
The catalogue records a 3 working-days period from The date of the applicant's letter. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 3 working-days
- Trigger
- The date of the applicant's letter
- 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.
- This is the ch 13 pt 1 pre-application correspondence regime. The applicant may only apply to the court after receiving the reply or after the nominated time has passed (r 447(1)). Corrected on verification: the researched entry encoded the floor as count 'first-day-excluded'. The rule says 'at least 3 business days after the date of the letter', and Acts Interpretation Act 1954 (Qld) s 38(1)(a) provides that where a period is expressed as 'at least a specified number of days' the day on which the purpose is to be fulfilled is ALSO excluded. The floor is therefore clear days: the earliest compliant nominated time is the fourth business day after the date of the letter, not the third. Encoding it as ordinary days would let an applicant nominate a reply time one business day too early and then apply to the court prematurely under r 447(1). This matches the count already used for the other 'at least ... business days' rules in this catalogue (rr 27, 28, 296, 800). Source: Acts Interpretation Act 1954 (Qld) s 38(1)(a) and UCPR r 444(1)(e), legislation.qld.gov.au current reprints.