When is the deadline for deemed date of service by recorded mail, non-commencement documents?
The catalogue records a 7 days period from Date on which the recorded mail is sent. This draft page remains free only until its source, worked example and limits are reviewed.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 7 days
- Trigger
- Date on which the recorded mail is sent
- 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.
- Rule 11.31(3) allows the Court to make any appropriate order, including setting aside service, where the addressee did not in fact receive the document within 7 days, the failure was not attributable to their own efforts to avoid receipt, and they would be prejudiced by r 11.22(2).
- Rollover set to none: a deemed service date is a fact, not a thing required to be done, so Interpretation Act s 22 does not move it. Applies only to documents other than commencement documents. Electronic service under r 11.21(2) is effected when the sending agent obtains confirmation of successful transmission, with no deeming interval.