When is the deadline for placement on the inactive appeal list - one year after notice of appeal filed?
The catalogue records a 1 year period from Filing of the notice of 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
- 1 year
- Trigger
- Filing of the notice of 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 grant leave to proceed, which requires the registrar to remove the appeal from the list: r 50(3). The appeal returns to the list if the party fails to comply with terms imposed or if a notice of hearing of appeal is still not filed more than 180 days after leave to proceed is granted: r 50(4).
- SELF-EXECUTING - the registrar 'must' place the appeal on the list. Once on it, r 49(3) bars the appellant from filing any document other than one relating to an application for leave to proceed, and r 50(2) bars the registrar from accepting filings other than a consent order or reactivation application. This is the gateway to dismissal as abandoned under r 51.