When is the deadline for currency of an original notice of civil claim for service?
The catalogue records a 12 months period from The date the original notice of civil 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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Example pending review
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Calculation basis and source
- Period
- 12 months
- Trigger
- The date the original notice of civil 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.
- The court may renew for not more than 12 months, on application made before OR after expiry (r 3-2(1)); further renewals of not more than 12 months each are available under r 3-2(2) but only on application made during the currency of the renewed claim. Renewal periods run from the date of the order unless the court orders otherwise (r 3-2(3)). Never compute a renewal.
- Practical significance: r 3-2(4) provides that a renewed notice of civil claim "remains in force and is available to prevent the operation of any statutory limitation and for all other purposes". Note the asymmetry between r 3-2(1) and r 3-2(2) - a first renewal may be sought after expiry, a further renewal may not. The equivalent for petitions is r 16-1(20) and (21).