When is the deadline for return date for a certification motion in a class action?
The catalogue records a 90 days period from The later of the day the last statement of defence was filed and the day on which, under r 204, the last statement of defence is required to be served and filed. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 90 days
- Trigger
- The later of the day the last statement of defence was filed and the day on which, under r 204, the last statement of defence is required to be served and 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.
- Extendable on motion under r 8; a class proceeding is a specially managed proceeding by force of r 384.1, so the case management judge controls the timetable under r 385.
- "Later of" test, so a defendant who files early does not accelerate the deadline. A defendant or respondent may itself move for certification at any time (r 334.13(1)). Rule 334.15 read in full on verification.