When is the deadline for mandatory dismissal for long delay (three-year drop-dead)?
The catalogue records a 3 years period from The last significant advance in the action. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 3 years
- Trigger
- The last significant advance in the action
- 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.
- Dismissal is MANDATORY on motion once the period has run, subject only to the five closed exceptions in r 24.02(1)(a)-(e). The court may make an order extending the time for a significant advance to occur (r 24.02(1)(c)) - that is a prospective power and must not be computed by the engine.
- Excluded time: up to one year between service of the statement of claim and service of the statement of defence (r 24.02(2)), and any period during which a person is under disability (r 24.02(3)). Applies only to motions brought after 1 January 2019 (r 24.02(4)). Separately, r 24.01(1) permits discretionary dismissal for delay causing significant prejudice, with a presumption of prejudice where delay is inordinate and inexcusable (r 24.01(2)).