When is the deadline for requisition for hearing of an appeal?
The catalogue records a 20 days period from Service of the respondent's memorandum of fact and law, or expiry of the time for service of it, whichever is earlier. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 20 days
- Trigger
- Service of the respondent's memorandum of fact and law, or expiry of the time for service of it, whichever is earlier
- Counting
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- Extendable on motion under r 8; extendable once by consent under r 7 by not more than 10 days.
- If the appellant fails to comply, the respondent may file the requisition instead of moving to dismiss for delay under r 167 (r 347(2)). Failure to file the requisition is what exposes an appeal to status review under r 382.2 once 180 days have elapsed since issuance of the notice of appeal. The requisition must state that rr 346(1) and (5) have been complied with and that any notice required under Federal Courts Act s 57 has been given (r 347(3)(a)).