When is the deadline for application to set aside, vary or discharge a judgment or order made without notice or in a party's absence?

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Calculation basis and source

Period

20 days

Trigger

The EARLIER of service of the judgment or order on the applicant, and the date the judgment or order first came to the applicant's attention

Counting

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Rollovers and holidays

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• The rule opens with "Unless the Court otherwise orders", which is an express and self-contained relieving power on top of r 13.5. Rule 9.15(3) separately empowers the Court, on any terms it considers just, to permit a defence after noting in default, or to set aside default judgment, without reference to this 20 day period.
• The trigger is a knowledge-or-service alternative and takes the EARLIER date, which means actual knowledge can start the clock before formal service. Applications under rr 9.12 to 9.15 must be decided by the judge or applications judge who granted the original order unless the Court orders otherwise (r 9.16).

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