When is the deadline for application for leave to appeal?
The catalogue records a 30 days period from Filing of the related notice of appeal or notice of cross appeal. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 30 days
- Trigger
- Filing of the related notice of appeal or notice of cross appeal
- 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.
- A justice may extend under Court of Appeal Act s 32(2), expressly including the time limit for commencing an application for leave to appeal, and even after expiry (s 32(3)). Such an order may not be varied by another justice: s 35(1)(b).
- SEQUENCING TRAP: leave runs from FILING THE NOTICE OF APPEAL, not from pronouncement of the order. An appellant must therefore file the notice of appeal within 30 days of pronouncement (r 6(2)(a)) and then apply for leave within a further 30 days. Whether leave is required at all turns on whether the order is a 'limited appeal order' - r 11 prescribes the list, which includes orders under SCCR Part 5 (case planning), Part 7 (procedures for ascertaining facts) other than r 7-7(6), Part 10, Part 11 (experts), r 12-2 (trial management conference), r 3-7(22), r 9-7(11), (12), (17) or (18), r 18-1, r 21-7, r 22-1(4), r 22-9, and orders granting or refusing an adjournment or an extension or shortening of time.