When is the deadline for supreme court - apply to discharge or vary an ex parte order changing parties on death, bankruptcy or transmission of interest?
The catalogue records a 14 days period from Service of the order on the person. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 14 days
- Trigger
- Service of the order on the person
- 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.
- O 3 r 5(1)-(2): the Court may extend the period, and may do so after it has expired.
- Added on verification: a short deadline running against a person who has just been joined to litigation without notice, and therefore a real trap. The order under O 18 r 7(2) may be made ex parte where an interest or liability is assigned, transmitted or devolves; the applicant must have it noted in the Cause Book and then serve it, with a copy of the writ or originating summons, on any person who becomes a defendant (r 7(4)). A related but separate 14-day default applies under O 18 r 8 to making the consequential amendment ordered under r 6 or r 7. Source: Rules of the Supreme Court 1971 (WA) O 18 r 7, current consolidation [09-am0-00] at legislation.wa.gov.au.