When is the deadline for notice of intention to defend (with defence attached)?
The catalogue records a 28 days period from The day the claim is served on the defendant. 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 claim is served on the defendant
- 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): the court may at any time extend a time set under the rules or by order. Under r 138 a defendant may in any event file a notice of intention to defend at any time before judgment, even if in default of r 137, though default judgment may be entered in the meantime under ch 9 pt 1 div 2.
- The period runs 'after the day the claim is served', so the day of service is excluded twice over (by the words of the rule and by Acts Interpretation Act 1954 (Qld) s 38(1)). Intermediate weekends and public holidays count. By r 139(1)(b) the notice must have the defendant's defence attached, so this is in substance the deadline for the defence as well. Filing is in the registry from which the claim was issued (r 141); a sealed copy must be served on the day of filing or as soon as practicable after (r 142).