Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 1.61

Calculation of time

             (1)  A period of time for doing an act or thing fixed by these Rules or by an order of the Court is to be calculated in accordance with this rule.

             (2)  If the time fixed is to be calculated by reference to a particular day or event, and the time fixed is one day or more, the particular day or the day of the particular event is not to be counted.

             (3)  If the time fixed includes a day that is not a business day in the place where the act or thing is to be done, and the time fixed is 5 days or less, the day is not to be counted.

Example:    The Court orders that a document is to be filed and served within 3 days from Wednesday. Under subrule (3), the document must be served on or before the following Monday (since Saturday and Sunday are not business days).

Note:          Business day is defined in the Dictionary.

             (4)  An act or thing may be done on the next business day in a place if:

                     (a)  the last day for doing the act or thing is not a business day in the place where the act or thing is to be done; and

                     (b)  the act or thing may only be done on a day that is a business day in the place.

             (5)  If the time fixed includes a day in the period starting on 24 December in a year and ending on 14 January in the next year, the day is not to be counted.



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