When is the deadline for motion for reconsideration of a decision on an application for leave to appeal?
The catalogue records a 30 days period from The judgment on the application for leave to appeal. 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 judgment on the application for leave to appeal
- 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.
- Rule 6(1) extension or abridgment. The substantive threshold is a hard one: r 73(1) - "There shall be no reconsideration of an application for leave to appeal unless there are exceedingly rare circumstances in the case that warrant consideration by the Court." Under r 73(4) the Registrar SHALL refuse to accept a motion whose affidavit does not set out exceedingly rare circumstances, and by r 73(3)(b) the affidavit must also explain why the issue was not previously raised.
- There is NO re-hearing of an application for leave to appeal at all (r 74) - reconsideration under r 73 is the only route. July excluded (r 5(3)); recess excluded (r 5.1). Statement of argument limited to 10 pages (r 73(3)(d)).