When is the deadline for supreme court - notice of intention to proceed after a year's delay?
The catalogue records a 1 month period from Service of the notice on every other party, counted back from the intended step. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 1 month
- Trigger
- Service of the notice on every other party, counted back from the intended step
- Counting
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- O 3 r 5 general extension or abridgement power.
- Two limbs. First, the trigger: a year or more since the last proceeding. Second, the notice period: "not less than one month". The length of the month is fixed by Interpretation Act 1984 (WA) s 62(2) - reckoned to the date in the next month numerically corresponding, less one, or the last day of that month if there is no corresponding date. Note the express carve-out: a summons on which no order was made does not count as a proceeding. Corrected on verification: the notes asserted that Interpretation Act 1984 (WA) s 61(1)(f) makes this a clear-month period. On its actual words s 61(1)(f) is confined to "a number of clear days or 'at least' or 'not less than' a number of days between 2 events" and does not in terms reach a period expressed in months; the computation of the month is governed by s 62(2). The entry is retained with count "clear-days" because the rule requires "not less than one month's notice" before the intended step, so both the day of service and the day of the step must fall outside the month, but the practitioner should treat this as a minimum notice period rather than as a s 61(1)(f) calculation. Source: Interpretation Act 1984 (WA) ss 61 and 62, current consolidation [07-k0-00] at legislation.wa.gov.au.