When is the deadline for appeal to a judge from an interlocutory order or certificate of assessment?
The catalogue records a 7 days period from The making of the order or certificate appealed from. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 7 days
- Trigger
- The making of the order or certificate appealed from
- 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.
- r 3.02(1) general extension power. Because this appeal lies to a judge of the Superior Court rather than to an 'appellate court', the r 3.02(3) restriction confining extensions to a judge of the appellate court does not apply in the same way; verify the forum before assuming who may extend.
- SHORT AND EASILY MISSED. Seven days or fewer, so holidays are NOT counted under r 3.01(1)(b) and the real-world window is roughly eleven calendar days. Applies to interlocutory orders referred to in s 17(a) of the Courts of Justice Act, certificates of assessment of costs under ss 6(1)(c), 17(b) or 90(4), and appeals under other statutes that provide no other procedure.