When is the deadline for notice of intention to proceed after one year of inactivity?
The catalogue records a 1 month period from The giving of the notice of intention to proceed to every other party (which may only be given once 1 year has elapsed since the time the last step in the proceeding was taken). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 1 month
- Trigger
- The giving of the notice of intention to proceed to every other party (which may only be given once 1 year has elapsed since the time the last step in the proceeding was taken)
- 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 7(1).
- Two distinct periods operate here. Once 1 year has elapsed since the last step, a month's notice of intention to proceed must be given before any further step. An application in which no order has been made is not a step (r 389(3)). 'Calendar month' is defined in Acts Interpretation Act 1954 (Qld) sch 1. Corrected on verification: the researched entry gave the trigger as 'the time the last step in the proceeding was taken', which paired with the 1-month period would compute a meaningless date (last step plus one month). On the words of UCPR r 389(1) the 1 year runs from the last step and is the precondition; the month's notice runs from the giving of the notice and fixes the earliest day a further step may be taken. Source: Uniform Civil Procedure Rules 1999 (Qld) r 389(1), legislation.qld.gov.au current reprint.