Australia · Australian Capital Territory courts
When does the ACT affidavit supporting a challenged privilege claim period end?
7 days after challenge-letter receipt. File and serve an affidavit stating the privilege claim. This is not a deadline for the challenger to apply to court. It governs the existing privilege claimant’s factual affidavit.
- Period
- 7 days after challenge-letter receipt
- Trigger
- Actual receipt of another party’s letter challenging privilege
- Rule
- Court Procedures Rules 2006 (ACT) r 609 (2) [R73, effective August 1, 2026]
Authorised ACT Court Procedures Rules 2006 republication 73, effective August 1, 2026. Official current register and full authorised PDF retained. Legislation Act republication 126 and ACT published 2026–2027 calendars retained. Canberra. Compiled published ACT public holidays and rule 6300 standard Registry closures. Additional actual closures may be supplied but cannot remove compiled closures. The August bank holiday is excluded only for an act by or in relation to an authorised deposit-taking institution, outside this model.
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When does the ACT affidavit supporting a challenged privilege claim period end?
7 days after challenge-letter receipt. File and serve an affidavit stating the privilege claim. This is not a deadline for the challenger to apply to court. It governs the existing privilege claimant’s factual affidavit.
Responsible actor. Party claiming privilege in a list of documents.
Actual receipt of another party’s letter challenging privilege
7 days after challenge-letter receipt
Privilege claimed in the list; Actual written challenge received; Affidavit made by an individual who knows the relevant facts. This is not a deadline for the challenger to apply to court. It governs the existing privilege claimant’s factual affidavit.
Court Procedures Rules 2006 (ACT) r 609 (2) [R73, effective August 1, 2026]How does this provision count time?
- File and serve an affidavit stating the privilege claim
- Affidavit supporting a challenged privilege claim uses 7 days after challenge-letter receipt. Exclude the triggering day. Rule 6350 omits closed Registry days for a period of five days or less and omits December 25 through January 1 from the relevant action period. A before-appointment interval excludes both the act day and appointment day under Legislation Act section 151.
- File and serve an affidavit stating the privilege claim. Apply the relevant Canberra completion-day rule in Legislation Act section 151A and Registry closures in rule 6300. This model refuses a closed backward completion endpoint instead of moving it beyond the required interval. Actual additional Registry closures must be retained.
- The court may extend or shorten the procedural period under rule 6351. The actual order replaces this ordinary source model.
Affidavit supporting a challenged privilege claim uses 7 days after challenge-letter receipt. Exclude the triggering day. Rule 6350 omits closed Registry days for a period of five days or less and omits December 25 through January 1 from the relevant action period. A before-appointment interval excludes both the act day and appointment day under Legislation Act section 151.
File and serve an affidavit stating the privilege claim. Apply the relevant Canberra completion-day rule in Legislation Act section 151A and Registry closures in rule 6300. This model refuses a closed backward completion endpoint instead of moving it beyond the required interval. Actual additional Registry closures must be retained.
Court Procedures Rules 2006 (ACT) r 609 (2) [R73, effective August 1, 2026]What do independently checked examples show?
Fictitious example
Actual actual receipt of another party’s letter challenging privilege on October12,2026. All stated branch facts apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Actual actual receipt of another party’s letter challenging privilege on October12,2026. All stated branch facts apply. 7 days after challenge-letter receipt. File and serve an affidavit stating the privilege claim. The independent counted-date record retains any excluded days and controlling branch endpoints. | Monday, October 19, 2026 |
| Example 2. Closed-day boundary | Actual actual receipt of another party’s letter challenging privilege on December21,2026. The procedural count encounters the prescribed Christmas period. 7 days after challenge-letter receipt. File and serve an affidavit stating the privilege claim. The independent counted-date record retains any excluded days and controlling branch endpoints. | Tuesday, January 5, 2027 |
| Example 3. Material procedural branch | The actual prerequisite or controlling branch is absent. This is not a deadline for the challenger to apply to court. It governs the existing privilege claimant’s factual affidavit. The illustrative event date is Monday, October 12, 2026. Missing branch facts prevent an automated endpoint. Establish the source-specific actor, event and branch. This is not a deadline for the challenger to apply to court. It governs the existing privilege claimant’s factual affidavit. | Establish the source-specific actor, event and branch. This is not a deadline for the challenger to apply to court. It governs the existing privilege claimant’s factual affidavit. |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Privilege claimed in the list
- Privilege claimed in the list
- Actual written challenge received
- Actual written challenge received
- Affidavit made by an individual who knows the relevant facts
- Affidavit made by an individual who knows the relevant facts
- Privilege claimed in the list; Actual written challenge received; Affidavit made by an individual who knows the relevant facts. This is not a deadline for the challenger to apply to court. It governs the existing privilege claimant’s factual affidavit.
- This is not a deadline for the challenger to apply to court. It governs the existing privilege claimant’s factual affidavit.
What must the responsible actor complete?
Questions about this procedure
When does the ACT affidavit supporting a challenged privilege claim period end?
What event starts the ACT affidavit supporting a challenged claim of privilege clock?
Actual receipt of another party’s letter challenging privilege. Party claiming privilege in a list of documents. This is not a deadline for the challenger to apply to court. It governs the existing privilege claimant’s factual affidavit.
Court Procedures Rules 2006 (ACT) r 609 (2) [R73, effective August 1, 2026]What must be filed or served for affidavit supporting a challenged claim of privilege?
File and serve an affidavit stating the privilege claim. Complete it with Court Registry and challenging party. Latest ordinary completion date does not prove that the act occurred.
Court Procedures Rules 2006 (ACT) r 609 (2) [R73, effective August 1, 2026]When does the stated period apply to affidavit supporting a challenged claim of privilege?
7 days after challenge-letter receipt. Privilege claimed in the list; Actual written challenge received; Affidavit made by an individual who knows the relevant facts.
Court Procedures Rules 2006 (ACT) r 609 (2) [R73, effective August 1, 2026]Which material branch changes affidavit supporting a challenged claim of privilege?
This is not a deadline for the challenger to apply to court. It governs the existing privilege claimant’s factual affidavit.
Court Procedures Rules 2006 (ACT) r 609 (2) [R73, effective August 1, 2026]How do closed days affect affidavit supporting a challenged claim of privilege?
Affidavit supporting a challenged privilege claim uses 7 days after challenge-letter receipt. Exclude the triggering day. Rule 6350 omits closed Registry days for a period of five days or less and omits December 25 through January 1 from the relevant action period. A before-appointment interval excludes both the act day and appointment day under Legislation Act section 151. File and serve an affidavit stating the privilege claim. Apply the relevant Canberra completion-day rule in Legislation Act section 151A and Registry closures in rule 6300. This model refuses a closed backward completion endpoint instead of moving it beyond the required interval. Actual additional Registry closures must be retained. Legislation Act 2001 sections 151 and 151A provide the separate statutory inclusion and completion rules.
Court Procedures Rules 2006 (ACT), rules 6300, 6350 and 6351 [R73]Can an order or another source term change affidavit supporting a challenged claim of privilege?
The court may extend or shorten the procedural period under rule 6351. The actual order replaces this ordinary source model.
Court Procedures Rules 2006 (ACT) r 609 (2) [R73, effective August 1, 2026]Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Court Procedures Rules 2006 (ACT) r 609 (2) [R73, effective August 1, 2026] | Check the identified procedure, event, counting rule or qualification |
| Court Procedures Rules 2006 (ACT), rules 6300, 6350 and 6351 [R73] | Check the identified procedure, event, counting rule or qualification |
| Legislation Act 2001 (ACT), sections 151, 151A and 151C [R126] | Check the identified procedure, event, counting rule or qualification |