When is the deadline for reply to a response to a motion before a judge or the registrar?
The catalogue records a 5 days period from Service of the response to the motion. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
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In preparation
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Example pending review
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Calculation basis and source
- Period
- 5 days
- Trigger
- Service of the response to the motion
- 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.
- SHORT-PERIOD RULE APPLIES. Five days is "a period of less than six days", so r 5(2) excludes every holiday, and "holiday" includes Saturday (r 2) and Sunday (Interpretation Act s 35(1)). The Court's own worked example: response served 3 April, deadline 12 April, because Good Friday 6 April, the weekend of 7 and 8 April and Easter Monday 9 April are not counted. July excluded (r 5(3)) except for a reply on a r 56(b) intervention motion. Recess excluded (r 5.1), and the Court's guidance is that where the response is served during the recess this five-day reply period runs from the first day after 4 January that is not a weekend - a special carve-out from the general 4 January restart.