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Australia · Australian Capital Territory courts

When does the ACT dismissal after a year without a step period end?

1 year after last step; deemed dismissal on the following day. Identify the no-step dismissal boundary. The ordinary endpoint and following-day deemed dismissal are different dates. Rule 75(3) treats a notice of intention to proceed as a step. Automatic status/recess counting must be verified before calculation.

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Period
1 year after last step; deemed dismissal on the following day
Trigger
Actual last procedural step, with full subsequent history
Rule
Court Procedures Rules 2006 (ACT) r 75 (2) [R73, effective August 1, 2026]
Court Procedures Rules 2006 (ACT) r 75 (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 dismissal after a year without a step period end?

1 year after last step; deemed dismissal on the following day. Identify the no-step dismissal boundary. The ordinary endpoint and following-day deemed dismissal are different dates. Rule 75(3) treats a notice of intention to proceed as a step. Automatic status/recess counting must be verified before calculation.

Responsible actor. Party responsible for a proceeding in which no further step has been taken.

Actual last procedural step, with full subsequent history

1 year after last step; deemed dismissal on the following day

Full last-step history verified; No subsequent notice of intention to proceed or other step; Rule 75(2) no-step branch, not alternative failure-to-serve or defence branches. The ordinary endpoint and following-day deemed dismissal are different dates. Rule 75(3) treats a notice of intention to proceed as a step. Automatic status/recess counting must be verified before calculation.

Court Procedures Rules 2006 (ACT) r 75 (2) [R73, effective August 1, 2026]

How does this provision count time?

  1. Identify the no-step dismissal boundary
  2. Rule 75(4) places deemed dismissal on the day after the one-year period ends. The rule’s express July 1/July 2 example preserves that distinction. Complete last-step history is necessary.
  3. The output is the source validity or status boundary. It does not compute a renewal filing date or extend validity for Registry closure. The qualified ordinary anniversary endpoint must be a nonclosed Canberra day. February 29 anniversary cases and closed-boundary completion interactions refuse separately.
  4. Rule 76 provides discretionary reinstatement in the interests of justice. Its automatic route is limited to rule 75(2) no-step dismissals and qualifying document filing within the stated 1 year period. No reinstatement is inferred from an intended future step.

Rule 75(4) places deemed dismissal on the day after the one-year period ends. The rule’s express July 1/July 2 example preserves that distinction. Complete last-step history is necessary.

The output is the source validity or status boundary. It does not compute a renewal filing date or extend validity for Registry closure. The qualified ordinary anniversary endpoint must be a nonclosed Canberra day. February 29 anniversary cases and closed-boundary completion interactions refuse separately.

Court Procedures Rules 2006 (ACT) r 75 (2) [R73, effective August 1, 2026]

What do independently checked examples show?

Fictitious example

The confirmed source event occurs Monday, October 12, 2026. Identify the no-step dismissal boundary. The output role is Deemed dismissal day under rule 75(2) and (4).

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsThe confirmed source event occurs Monday, October 12, 2026. Identify the no-step dismissal boundary. The output role is Deemed dismissal day under rule 75(2) and (4). 1 year after last step; deemed dismissal on the following day. Identify the no-step dismissal boundary. The independent counted-date record retains any excluded days and controlling branch endpoints.Wednesday, October 13, 2027
Example 2. Closed-day boundaryThe confirmed source event occurs Monday, December 21, 2026. Identify the no-step dismissal boundary. The output role is Deemed dismissal day under rule 75(2) and (4). 1 year after last step; deemed dismissal on the following day. Identify the no-step dismissal boundary. The independent counted-date record retains any excluded days and controlling branch endpoints.Wednesday, December 22, 2027
Example 3. Material procedural branchThe confirmed source event occurs Monday, December 21, 2026. Identify the no-step dismissal boundary. The output role is Deemed dismissal day under rule 75(2) and (4). The source-specific prerequisite is absent.The source-specific prerequisite is absent.
Example resultWednesday, October 13, 2027

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Full last-step history verified
Full last-step history verified
No subsequent notice of intention to proceed or other step
No subsequent notice of intention to proceed or other step
Rule 75(2) no-step branch, not alternative failure-to-serve or defence branches
Rule 75(2) no-step branch, not alternative failure-to-serve or defence branches
Court Procedures Rules 2006 (ACT) r 75 (2) [R73, effective August 1, 2026]
  • Full last-step history verified; No subsequent notice of intention to proceed or other step; Rule 75(2) no-step branch, not alternative failure-to-serve or defence branches. The ordinary endpoint and following-day deemed dismissal are different dates. Rule 75(3) treats a notice of intention to proceed as a step. Automatic status/recess counting must be verified before calculation.
  • The ordinary endpoint and following-day deemed dismissal are different dates. Rule 75(3) treats a notice of intention to proceed as a step. Automatic status/recess counting must be verified before calculation.

What must the responsible actor complete?

Questions about this procedure

When does the ACT dismissal after a year without a step period end?

What event starts the ACT deemed dismissal for want of prosecution (no step taken) clock?

Actual last procedural step, with full subsequent history. Party responsible for a proceeding in which no further step has been taken. The ordinary endpoint and following-day deemed dismissal are different dates. Rule 75(3) treats a notice of intention to proceed as a step. Automatic status/recess counting must be verified before calculation.

Court Procedures Rules 2006 (ACT) r 75 (2) [R73, effective August 1, 2026]

What must be filed or served for deemed dismissal for want of prosecution (no step taken)?

Identify the no-step dismissal boundary. Complete it with Procedural-state event, not a document recipient. Deemed dismissal day under rule 75(2) and (4) does not prove that the act occurred.

Court Procedures Rules 2006 (ACT) r 75 (2) [R73, effective August 1, 2026]

When does the stated period apply to deemed dismissal for want of prosecution (no step taken)?

1 year after last step; deemed dismissal on the following day. Full last-step history verified; No subsequent notice of intention to proceed or other step; Rule 75(2) no-step branch, not alternative failure-to-serve or defence branches.

Court Procedures Rules 2006 (ACT) r 75 (2) [R73, effective August 1, 2026]

Which material branch changes deemed dismissal for want of prosecution (no step taken)?

The ordinary endpoint and following-day deemed dismissal are different dates. Rule 75(3) treats a notice of intention to proceed as a step. Automatic status/recess counting must be verified before calculation.

Court Procedures Rules 2006 (ACT) r 75 (2) [R73, effective August 1, 2026]

How do closed days affect deemed dismissal for want of prosecution (no step taken)?

Rule 75(4) places deemed dismissal on the day after the one-year period ends. The rule’s express July 1/July 2 example preserves that distinction. Complete last-step history is necessary. The output is the source validity or status boundary. It does not compute a renewal filing date or extend validity for Registry closure. The qualified ordinary anniversary endpoint must be a nonclosed Canberra day. February 29 anniversary cases and closed-boundary completion interactions refuse separately. Legislation Act 2001 sections 151 and 151A provide the separate statutory inclusion and completion rules.

Court Procedures Rules 2006 (ACT) r 75 (2) [R73, effective August 1, 2026]

Can an order or another source term change deemed dismissal for want of prosecution (no step taken)?

Rule 76 provides discretionary reinstatement in the interests of justice. Its automatic route is limited to rule 75(2) no-step dismissals and qualifying document filing within the stated 1 year period. No reinstatement is inferred from an intended future step.

Court Procedures Rules 2006 (ACT) r 75 (2) [R73, effective August 1, 2026]

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
Court Procedures Rules 2006 (ACT) r 75 (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
Read the official controlling provision

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