When is the deadline for court of appeal - perfecting an appeal after a registrar's deemed abandonment notice?
The catalogue records a 30 days period from The date of the registrar's notice of intended deemed abandonment. 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
- The date of the registrar's notice of intended deemed abandonment
- 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 registrar may in his or her discretion change the date of the deemed abandonment (r 33(6)(b)). An appeal from the registrar's decision to deem the appeal abandoned lies to a judge in chambers within 30 days (r 35.1).
- Runs from the DATE OF THE NOTICE, not from receipt, and the notice is sent by regular lettermail. Rule 34(1) triggers the same 30-day cure period where the transcript has not been received by the registrar within six months after the filing of the initiating document, or the registrar considers it has not been ordered or will not be available. On deemed abandonment the registrar taxes costs and issues a certificate of decision dismissing the appeal on the respondent's motion with two days' notice (r 35).