When is the deadline for supreme court - serve an interlocutory summons before the return day?
The catalogue records a 7 days period from The return day of the summons (counted backwards). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 7 days
- Trigger
- The return day of the summons (counted backwards)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
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- "Unless the Court or these rules allow a shorter period of service." O 59 r 5(2): a summons asking only for the extension or abridgement of time may be served on the day previous to its return. O 3 r 5(1) abridgement power.
- Added on verification: the general service period for interlocutory summonses in the Supreme Court, which the researched catalogue omitted even though it encoded the specialised 7-day period for an Order 14 summons. Counted backwards from the return day, so under Interpretation Act 1984 (WA) s 61(1)(c) the return day itself is excluded. Source: Rules of the Supreme Court 1971 (WA) O 59 r 5, current consolidation [09-am0-00] at legislation.wa.gov.au.