When is the deadline for notice of intention to defend where the service and execution of process act applies?
The catalogue records a 28 days period from Service of the claim interstate under the Service and Execution of Process Act 1992 (Cwlth). 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 claim interstate under the Service and Execution of Process Act 1992 (Cwlth)
- 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); and the extension powers under the Commonwealth Act.
- Corrected on verification: the researched entry encoded 21 days, which is wrong for a Queensland-issued claim. Service and Execution of Process Act 1992 (Cwlth) s 17(1) fixes the LONGER of 21 days and the period that would have applied on local service, and the Queensland local period is 28 days (UCPR r 137(1)). The Queensland courts' own SEPA Form 1 Notice to Defendant (Supreme Court of Queensland, courts.qld.gov.au) states the point expressly: 'If the law of the State or Territory of issue would allow a longer period than 21 days for filing an appearance in the case of service within the State or Territory, substitute that longer period.' Encoding 21 days would have let a plaintiff request default judgment seven days before the defendant was in default. Source: legislation.gov.au, Service and Execution of Process Act 1992 (Cwlth) s 17.