When is the deadline for response to a motion to be heard by the court?
The catalogue records a 10 days period from Service of the motion. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 10 days
- Trigger
- Service of 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.
- Applies where the Act or the Rules require the motion to be heard by the Court rather than a judge or the Registrar. After the response is filed, or at the end of this 10-day period, the Registrar sends a Form 69 notice of hearing (r 54(4)). July excluded (r 5(3)); recess excluded (r 5.1). Displaced for a motion for re-hearing of an appeal, where r 76(2) substitutes 15 days "[n]otwithstanding the time referred to in subrule 54(1)".