When is the deadline for motion to extend time after a dismissal-for-delay notice on a leave application?
The catalogue records a 20 days period from Service of the respondent's motion for dismissal, or receipt of the Registrar's Form 64 notice of intention. 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 motion for dismissal, or receipt of the Registrar's Form 64 notice of intention
- 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.
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- The extension itself is at large before a judge; because the underlying period is the s 58(1)(a) statutory period, the extension power is Supreme Court Act s 59(1) (special circumstances). Rule 64(2): the Registrar MAY dismiss the leave application as abandoned if the time is not extended. Never compute the extension.
- This is the deadline to MOVE for an extension, not the extension. Note the trigger is RECEIPT of the Registrar's notice, not service. On discontinuance or dismissal as abandoned, a respondent may tax costs without a further order (r 85(a)); if the extension motion is refused, r 85(b) applies. July excluded (r 5(3)); recess excluded (r 5.1).