When is the deadline for file notice of intention to continue after a prothonotary's inactive proceeding notice?
The catalogue records a 30 days period from The date the Prothonotary sends the notice under r 25.08(1). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 30 days
- Trigger
- The date the Prothonotary sends the notice under r 25.08(1)
- 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.
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- The Court may reinstate any proceeding dismissed under this Rule, on any terms the Court thinks just, on the application of any party (r 25.08(4)).
- New rule with no counterpart in the revoked Supreme Court (General Civil Procedure) Rules 2015. It applies where a year or more has elapsed since any party took a step and no party has given notice under r 3.06. If no notice of intention is filed the proceeding is dismissed automatically, without adjudication on the merits, and the party whose proceeding is dismissed pays the costs of any other party unless the Court otherwise orders (r 25.08(2)-(3)). The trigger is the date the notice is sent, not the date it is received. Added on verification: this is a proceeding-ending deadline that the researched catalogue omitted.