When is the deadline for notice to the representative of a deceased sole respondent before continuing the appeal?
The catalogue records a 1 month period from The date on which the appellant proposes to proceed with the appeal. This draft page remains free only until its source, worked example and limits are reviewed.
Source link required
This page is in preparation. It does not offer an automated deadline or a paid record until the missing source or calculator evidence is complete.
In preparation
The existing catalogue does not yet have a registered adapter or source evidence for this exact question. It remains available as a public preparation page only.
Example pending review
A separately reviewed fixture is required before this question can become indexable. The page does not present an unreviewed output as an example.
Calculation basis and source
- Period
- 1 month
- Trigger
- The date on which the appellant proposes to proceed with the 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.
- Where no such notice can be given, a judge of the Court directs what notice to the interested parties is required. That substituted notice period is fixed by order, so r 5(4) applies to it and holidays and July are counted.
- Related party-death provisions carry no computable period: s 72 (death of one of several appellants - suggestion filed, proceedings continue), s 73 (death of a sole or all appellants - legal representative may file a suggestion by leave), s 74 (death of one of several respondents), s 75 (untrue suggestion may be set aside on motion). Section 78 is important for limitation purposes: where a sole party dies before judgment and the judgment is in that party's favour, "the time limited for appealing shall not run until the legal representatives are appointed" - a statutory suspension of the s 58 appeal period.