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When is the deadline for minimum period before a posted notice of motion for payment out of security is referred to a judge?

The catalogue records a 28 days period from Posting of a copy of the notice of motion at the Registry. This draft page remains free only until its source, worked example and limits are reviewed.

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Calculation basis and source

Period
28 days
Trigger
Posting of a copy of the notice of motion at the Registry
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.

  • None expressed; the Court, a judge or the Registrar could vary by order under r 6(1) or r 8(1), in which case r 5(4) means holidays and July would be counted.
  • THIS IS A FLOOR, NOT A DEADLINE - it is the earliest date on which the Registrar may refer the motion, so nothing is lost by delay and there is nothing to roll forward onto a business day. Rollover is set to none for that reason. Money deposited as security under s 60(1)(b) of the Act may otherwise be paid out on motion to the Registrar or by consent letter (r 86(1)), and interest under the Financial Administration Act is payable on money deposited as security (r 87).

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