Australia · Australian Capital Territory courts
When does the ACT summary judgment response affidavit period end?
At least 4 days before return date. File and serve stamped copies of relied-on responsive affidavits. Four days invokes rule 6350(2) Registry-closed-day exclusion. It is neither the applicant’s eight-day notice nor its two-day reply period.
- Period
- At least 4 days before return date
- Trigger
- Actual summary-judgment return date
- Rule
- Court Procedures Rules 2006 (ACT) r 1150 (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 summary judgment response affidavit period end?
At least 4 days before return date. File and serve stamped copies of relied-on responsive affidavits. Four days invokes rule 6350(2) Registry-closed-day exclusion. It is neither the applicant’s eight-day notice nor its two-day reply period.
Responsible actor. Respondent relying on an affidavit against summary judgment.
Actual summary-judgment return date
At least 4 days before return date
Summary-judgment application identified; Actual return date; Responsive affidavit actually relied on. Four days invokes rule 6350(2) Registry-closed-day exclusion. It is neither the applicant’s eight-day notice nor its two-day reply period.
Court Procedures Rules 2006 (ACT) r 1150 (2) [R73, effective August 1, 2026]How does this provision count time?
- File and serve stamped copies of relied-on responsive affidavits
- Summary judgment response affidavit uses At least 4 days before return date. 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 stamped copies of relied-on responsive affidavits. 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.
Summary judgment response affidavit uses At least 4 days before return date. 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 stamped copies of relied-on responsive affidavits. 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 1150 (2) [R73, effective August 1, 2026]What do independently checked examples show?
Fictitious example
Actual actual summary-judgment return date is November20,2026. File and serve stamped copies of relied-on responsive affidavits.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Actual actual summary-judgment return date is November20,2026. File and serve stamped copies of relied-on responsive affidavits. Backward closed completion-day interaction requires source-specific qualification. No generic later carry or earlier roll is asserted. | Backward closed completion-day interaction requires source-specific qualification. No generic later carry or earlier roll is asserted. |
| Example 2. Closed-day boundary | Actual actual summary-judgment return date is January13,2027. The source count encounters the prescribed December25–January1 exclusion and any short-period Registry closures. At least 4 days before return date. File and serve stamped copies of relied-on responsive affidavits. The independent counted-date record retains any excluded days and controlling branch endpoints. | Wednesday, January 6, 2027 |
| Example 3. Material procedural branch | The actual prerequisite or controlling branch is absent. Four days invokes rule6350(2) Registry-closed-day exclusion. It is neither the applicant’s eight-day notice nor its two-day reply period. The illustrative event date is Monday, October 12, 2026. Missing branch facts prevent an automated endpoint. Establish the source-specific actor, event and branch. Four days invokes rule6350(2) Registry-closed-day exclusion. It is neither the applicant’s eight-day notice nor its two-day reply period. | Establish the source-specific actor, event and branch. Four days invokes rule6350(2) Registry-closed-day exclusion. It is neither the applicant’s eight-day notice nor its two-day reply period. |
| Example 4. Ordinary established facts | The summary judgment application actually returns on Monday, November 23, 2026. The respondent must file and serve its response affidavit at least four days before that return. No different order applies. At least 4 days before return date. File and serve stamped copies of relied-on responsive affidavits. The independent counted-date record retains any excluded days and controlling branch endpoints. | Monday, November 16, 2026 |
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?
- Summary-judgment application identified
- Summary-judgment application identified
- Actual return date
- Actual return date
- Responsive affidavit actually relied on
- Responsive affidavit actually relied on
- Summary-judgment application identified; Actual return date; Responsive affidavit actually relied on. Four days invokes rule 6350(2) Registry-closed-day exclusion. It is neither the applicant’s eight-day notice nor its two-day reply period.
- Four days invokes rule 6350(2) Registry-closed-day exclusion. It is neither the applicant’s eight-day notice nor its two-day reply period.
What must the responsible actor complete?
Questions about this procedure
When does the ACT summary judgment response affidavit period end?
What event starts the ACT respondent's affidavit on a summary judgment application clock?
Actual summary-judgment return date. Respondent relying on an affidavit against summary judgment. Four days invokes rule 6350(2) Registry-closed-day exclusion. It is neither the applicant’s eight-day notice nor its two-day reply period.
Court Procedures Rules 2006 (ACT) r 1150 (2) [R73, effective August 1, 2026]What must be filed or served for respondent's affidavit on a summary judgment application?
File and serve stamped copies of relied-on responsive affidavits. Complete it with Court Registry and applicant. Latest ordinary completion date does not prove that the act occurred.
Court Procedures Rules 2006 (ACT) r 1150 (2) [R73, effective August 1, 2026]When does the stated period apply to respondent's affidavit on a summary judgment application?
At least 4 days before return date. Summary-judgment application identified; Actual return date; Responsive affidavit actually relied on.
Court Procedures Rules 2006 (ACT) r 1150 (2) [R73, effective August 1, 2026]Which material branch changes respondent's affidavit on a summary judgment application?
Four days invokes rule 6350(2) Registry-closed-day exclusion. It is neither the applicant’s eight-day notice nor its two-day reply period.
Court Procedures Rules 2006 (ACT) r 1150 (2) [R73, effective August 1, 2026]How do closed days affect respondent's affidavit on a summary judgment application?
Summary judgment response affidavit uses At least 4 days before return date. 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 stamped copies of relied-on responsive affidavits. 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 respondent's affidavit on a summary judgment application?
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 1150 (2) [R73, effective August 1, 2026]Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Court Procedures Rules 2006 (ACT) r 1150 (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 |