When is the deadline for supreme court - enter appearance to writ served interstate under sepa?
The catalogue records a 21 days period from Service of the writ in another State or Territory. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 21 days
- Trigger
- Service of the writ in another State or Territory
- 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.
- Service and Execution of Process Act 1992 (Cth) s 17(1)(b): the court of issue may, on application, allow a shorter period, taking into account urgency, the places of residence or business of the parties, and whether a related or similar proceeding has been commenced (s 17(2)). RSC O 3 r 5 also confers a general power to extend or abridge. SEPA additionally confers its own powers, including stay applications on forum grounds (Part 4 Division 2).
- Do not apply the WA distance table to interstate service. The distance bands in O 5 r 11(1) apply only "In the State of Western Australia". Corrected on verification: the entry flagged the 21 days as unconfirmed. It is confirmed. Service and Execution of Process Act 1992 (Cth) s 17(1)(a) fixes the period as the longer of (i) 21 days and (ii) the period that would apply had the process been served in the place of issue; and s 17(1A) provides that where the local period varies according to distance - as RSC O 5 r 11(1) does - the local period is calculated by reference to the LONGEST distance mentioned, which for Western Australia is the 21-day band ("600 km and above 600 km"). The two limbs therefore both give 21 days. Source: Service and Execution of Process Act 1992 (Cth) s 17, compilation C2018C00175, Federal Register of Legislation (legislation.gov.au).