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When is the deadline for service of claim documents (life of the claim)?

The catalogue records a 6 months period from Filing of the Claim. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
6 months
Trigger
Filing of the Claim
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.

  • r 64.1(2): "The Court may from time to time extend the period referred to in subrule (1) for a specified period— (a) before or after the time limit for service under this rule has expired; and (b) even though the time for commencing the claim has expired." Application by interlocutory application and supporting affidavit under r 64.1(3).
  • Calendar-month counting under Legislation Interpretation Act 2021 (SA) s 44 table item 8 (a period of 2 or more months beginning on a specified day ends immediately before the corresponding day of the ending month, or at the end of that month if there is no corresponding day). Obligation to serve rather than file, so r 2.2(4) roll-forward does not on its terms apply. Related: r 64.3 empowers the Registrar to dismiss the action if within 5 months of filing no defence has been filed, no default judgment sought, no moratorium sought and no extension ordered.

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