When is the deadline for district court - commence appeal against an appealable decision?
The catalogue records a 21 days period from The date of the decision appealed against. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- The date of the decision appealed against
- 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.
- DCR r 51(1)(b) and (2): the appellant may apply for an extension of time within which to commence the appeal by filing Form 6 with an affidavit explaining why the appeal was not commenced within time.
- This is the route for appeals from the Magistrates Court and from various tribunals and statutory decision-makers to the District Court. Always check the enabling written law first, because r 51A is expressly subject to it. The District Court applies the RSC generally (DCR r 6(1)), but where the DCR and the RSC conflict the DCR prevail (r 6(3)).