Australia · Australian Capital Territory courts
When does the ACT continuing discovery period end?
7 days after awareness/possession unless hearing starts within period or has started, then immediately. Disclose the document to each party entitled to discovery. A hearing starting inside the seven-day period makes disclosure immediate. The completed document list is not a substitute trigger.
- Period
- 7 days after awareness/possession unless hearing starts within period or has started, then immediately
- Trigger
- Actual awareness of omission or receipt of possession, plus hearing-start status
- Rule
- Court Procedures Rules 2006 (ACT) r 611 (3) (a) [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 continuing discovery period end?
7 days after awareness/possession unless hearing starts within period or has started, then immediately. Disclose the document to each party entitled to discovery. A hearing starting inside the seven-day period makes disclosure immediate. The completed document list is not a substitute trigger.
Responsible actor. Party discovering an omitted or newly possessed discoverable document.
Actual awareness of omission or receipt of possession, plus hearing-start status
7 days after awareness/possession unless hearing starts within period or has started, then immediately
Discoverable document and continuing disclosure duty; Not excluded solicitor-to-solicitor oral-communication note; Actual event and hearing start retained. A hearing starting inside the seven-day period makes disclosure immediate. The completed document list is not a substitute trigger.
Court Procedures Rules 2006 (ACT) r 611 (3) (a) [R73, effective August 1, 2026]How does this provision count time?
- Disclose the document to each party entitled to discovery
- Continuing discovery uses 7 days after awareness/possession unless hearing starts within period or has started, then immediately. 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.
- Disclose the document to each party entitled to discovery. 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.
Continuing discovery uses 7 days after awareness/possession unless hearing starts within period or has started, then immediately. 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.
Disclose the document to each party entitled to discovery. 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 611 (3) (a) [R73, effective August 1, 2026]What do independently checked examples show?
Fictitious example
Actual actual awareness of omission or receipt of possession, plus hearing-start status on October12,2026. All stated branch facts apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Actual actual awareness of omission or receipt of possession, plus hearing-start status on October12,2026. All stated branch facts apply. 7 days after awareness/possession unless hearing starts within period or has started, then immediately. Disclose the document to each party entitled to discovery. The independent counted-date record retains any excluded days and controlling branch endpoints. | Monday, October 19, 2026 |
| Example 2. Closed-day boundary | Actual actual awareness of omission or receipt of possession, plus hearing-start status on December21,2026. The procedural count encounters the prescribed Christmas period. 7 days after awareness/possession unless hearing starts within period or has started, then immediately. Disclose the document to each party entitled to discovery. 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. A hearing starting inside the seven-day period makes disclosure immediate. The completed document list is not a substitute trigger. The illustrative event date is Monday, October 12, 2026. Missing branch facts prevent an automated endpoint. Establish the source-specific actor, event and branch. A hearing starting inside the seven-day period makes disclosure immediate. The completed document list is not a substitute trigger. | Establish the source-specific actor, event and branch. A hearing starting inside the seven-day period makes disclosure immediate. The completed document list is not a substitute trigger. |
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?
- Discoverable document and continuing disclosure duty
- Discoverable document and continuing disclosure duty
- Not excluded solicitor-to-solicitor oral-communication note
- Not excluded solicitor-to-solicitor oral-communication note
- Actual event and hearing start retained
- Actual event and hearing start retained
- Discoverable document and continuing disclosure duty; Not excluded solicitor-to-solicitor oral-communication note; Actual event and hearing start retained. A hearing starting inside the seven-day period makes disclosure immediate. The completed document list is not a substitute trigger.
- A hearing starting inside the seven-day period makes disclosure immediate. The completed document list is not a substitute trigger.
What must the responsible actor complete?
Questions about this procedure
When does the ACT continuing discovery period end?
What event starts the ACT continuing disclosure of a document omitted from, or coming into possession after, the list of documents clock?
Actual awareness of omission or receipt of possession, plus hearing-start status. Party discovering an omitted or newly possessed discoverable document. A hearing starting inside the seven-day period makes disclosure immediate. The completed document list is not a substitute trigger.
Court Procedures Rules 2006 (ACT) r 611 (3) (a) [R73, effective August 1, 2026]What must be filed or served for continuing disclosure of a document omitted from, or coming into possession after, the list of documents?
Disclose the document to each party entitled to discovery. Complete it with Each party entitled to discovery. Latest ordinary completion date does not prove that the act occurred.
Court Procedures Rules 2006 (ACT) r 611 (3) (a) [R73, effective August 1, 2026]When does the stated period apply to continuing disclosure of a document omitted from, or coming into possession after, the list of documents?
7 days after awareness/possession unless hearing starts within period or has started, then immediately. Discoverable document and continuing disclosure duty; Not excluded solicitor-to-solicitor oral-communication note; Actual event and hearing start retained.
Court Procedures Rules 2006 (ACT) r 611 (3) (a) [R73, effective August 1, 2026]Which material branch changes continuing disclosure of a document omitted from, or coming into possession after, the list of documents?
A hearing starting inside the seven-day period makes disclosure immediate. The completed document list is not a substitute trigger.
Court Procedures Rules 2006 (ACT) r 611 (3) (a) [R73, effective August 1, 2026]How do closed days affect continuing disclosure of a document omitted from, or coming into possession after, the list of documents?
Continuing discovery uses 7 days after awareness/possession unless hearing starts within period or has started, then immediately. 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. Disclose the document to each party entitled to discovery. 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 continuing disclosure of a document omitted from, or coming into possession after, the list of documents?
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 611 (3) (a) [R73, effective August 1, 2026]Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Court Procedures Rules 2006 (ACT) r 611 (3) (a) [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 |