When is the deadline for supreme court - application for judicial review (certiorari, mandamus, prohibition, declaration or injunction)?
The catalogue records a 6 months period from The later of the date the decision is made and the date the applicant became aware of it. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 6 months
- Trigger
- The later of the date the decision is made and the date the applicant became aware of it
- Counting
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- O 56 r 2(4): an out-of-time application must include an application for leave to proceed and be supported by an affidavit explaining the delay. O 56 r 5(2)(a): the Court may give or refuse leave to proceed.
- 6 months is materially longer than the English CPR 54 promptness/3-month rule and must not be conflated with it. Months are computed under Interpretation Act 1984 (WA) s 62(3). Note that "action" in the Limitation Act 2005 (WA) s 3(1) excludes proceedings for certiorari, mandamus, prohibition, habeas corpus or quo warranto (except in ss 28, 86 and 87), so the Limitation Act does not supply a period for these.