When is the deadline for earliest return day on a summons to give up possession under s 192?
The catalogue records a 16 days period from Service of the summons under s 192 (the day the person is summoned to appear must be not earlier than 16 days after service). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 16 days
- Trigger
- Service of the summons under s 192 (the day the person is summoned to appear must be not earlier than 16 days after service)
- Counting
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- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
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- The Court may order substituted service under UCR r 42.9 (note to r 241.1).
- Corrected on verification: the researched entry used the explanatory note to UCR r 241.1 ('an originating process seeking an order to give up possession under section 192 be served at least 16 days before the hearing') as its statutoryWording, and encoded the period as 16 clear days counted backwards from the hearing. The operative section has now been read. Real Property Act 1886 (SA) s 193 (version 22.6.2023) requires the summons to name a return day 'not earlier than sixteen days after the service of the summons'. Because s 193 is in an Act, time is calculated under Legislation Interpretation Act 2021 (SA) s 44 table item 3, which excludes only the day of service, so the earliest permissible return day is the 16th day after service. The UCR note is a paraphrase rather than the operative provision, although notes are part of the Rules by r 2.3(1)(b). The period is now encoded forward from service, the direction the section itself uses. Separately, UCR r 241.2(1) requires notice of the application to be served on any occupier as soon as practicable, by personal service or by affixing and letterboxing.