When is the deadline for supreme court - defendant to apply for summary judgment under order 16?
The catalogue records a 21 days period from Entry of appearance by the defendant. 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
- Entry of appearance by the defendant
- 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.
- The rule itself permits an application "at any later time by leave of the Court". O 3 r 5 general extension power also applies.
- Added on verification: the researched catalogue encoded the plaintiff's Order 14 summary judgment application (21 days after appearance) but omitted the defendant's mirror-image application under Order 16, which runs on the same 21-day clock from the defendant's own appearance. The supporting summons and affidavit must be served on the plaintiff not less than 7 days before the return day (O 16 r 1(4)), a clear-days floor under Interpretation Act 1984 (WA) s 61(1)(f). Source: Rules of the Supreme Court 1971 (WA) O 16, current consolidation [09-am0-00] at legislation.wa.gov.au.