When is the deadline for response to application for leave to appeal?
The catalogue records a 30 days period from The day on which the file is opened by the Court following the filing of the application for leave to appeal or, if a file has already been opened, the day of service of 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 day on which the file is opened by the Court following the filing of the application for leave to appeal or, if a file has already been opened, the day of service of 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): the Court, a judge or, unless the Rules provide otherwise, the Registrar may on motion or on their own initiative extend or abridge a period provided for by the Rules; r 6(2) requires a supporting affidavit setting out the reason for the delay or urgency.
- July is excluded (r 5(3), no carve-out for leave responses). The 23 December to 3 January recess is excluded (r 5.1); the Court's guidance is that where the leave application is served during the recess the 30 days start to run on 4 January even if that is a weekend. Where no response is filed the Registrar submits the application to the Court at the end of this 30-day period (r 32(1)(a)(ii)).