Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 1.21

Calculating time
(1)
Time in a case runs during a period when the filing registry is closed.

(2) If:

(a)
the period allowed by these Rules or an order for an action to be validly taken is 5 days or less; and

(b)
the period includes a day when the filing registry is closed;

that day is not counted.

(3)
For the calculation of time of one day or more from a particular day, or from the occurrence of a particular event, the particular day, or the day when the event occurs, is not counted.

(4)
If the last day for taking an action requiring attendance at a filing registry is on a day when the filing registry is closed, the action may be taken on the next day when the filing registry is open.

(5)
Subsection 36 (2) of the Acts Interpretation Act 1901 does not apply to these Rules.


Chapter 2 Starting a case

Summary of Chapter 2
Chapter 2 sets out rules about:
* the form of application you must file to start a case in a court;
* the documents you must file with an application; and
* the brochures and notices that must be filed, given or served in a case.
Before starting a case, you must comply with the court's pre-action procedures (see subrule 1.05 (1) and Schedule 1).
The rules in Chapter 1 relating to the court's general powers apply in all cases and override all other provisions in these Rules.
A word or expression used in this Chapter may be defined in the dictionary at the end of these Rules.



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