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When is the deadline for service of statement of claim?

The catalogue records a 1 year period from Date the statement of claim is filed. This draft page remains free only until its source, worked example and limits are reviewed.

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In preparation

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Calculation basis and source

Period
1 year
Trigger
Date the statement of claim is filed
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.

  • Extension only on an application FILED BEFORE the one-year limit expires (r 3.26(1)), capped at 3 months (r 3.26(2)). Separately, r 3.27(1) permits the Court at any time to extend where the defendant induced reliance, where a substitutional or dispensing or validating service order is set aside, or where special or extraordinary circumstances exist resulting solely from the defendant's or a non-party's conduct; only one such extension is available unless different or new circumstances are established (r 3.27(2)). Never compute an extension.
  • EXPRESSLY NON-EXTENDABLE by agreement or by the general variation power: r 3.26(3) disapplies r 13.5 both to the rule and to any extension ordered under it, and the Information note to r 13.5 lists this as an example of a period the Court and the parties cannot vary. Counted under r 13.4(3) and (4), corresponding-date. Consequence of default is r 3.28: no further proceeding may be taken against a defendant not served in time. Service within an extension must be accompanied by a copy of or written notice of the order (r 3.29).

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