When is the deadline for supreme court - apply to set aside judgment obtained where a party did not appear at trial?
The catalogue records a 14 days period from The trial at which the party did not appear. 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
- The trial at which the party did not appear
- Counting
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- The Court sets the terms on which the judgment is set aside. O 3 r 5(1)-(2) extension power applies and may be exercised after expiry.
- Added on verification: a genuinely hard 14-day deadline that the researched catalogue missed, and one that is easily confused with the OPEN-ENDED power to set aside a DEFAULT judgment under O 13 r 14. The two are different: O 13 r 14 (default of appearance to the writ) has no time limit at all, while O 34 r 3 (non-appearance at trial) is limited to 14 days after the trial. Compare also O 14 r 12, under which summary judgment given against a party who did not appear at the hearing may be set aside on such terms as the Court thinks just, with no fixed period. Source: Rules of the Supreme Court 1971 (WA) O 34 r 3, current consolidation [09-am0-00] at legislation.wa.gov.au.