Australia · Australian Capital Territory courts
When does the ACT new party’s answer to a counterclaim period end?
28 days after counterclaim service. File and serve the elected answer to counterclaim. The 14 day existing-party branch does not govern a genuinely new counterclaim defendant.
- Period
- 28 days after counterclaim service
- Trigger
- Effective service of the counterclaim on that new party
- Rule
- Court Procedures Rules 2006 (ACT) r 466 (3) (b) [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 new party’s answer to a counterclaim period end?
28 days after counterclaim service. File and serve the elected answer to counterclaim. The 14 day existing-party branch does not govern a genuinely new counterclaim defendant.
Responsible actor. Counterclaim defendant who was not a party to the original proceeding.
Effective service of the counterclaim on that new party
28 days after counterclaim service
Not a party to the original proceeding before the counterclaim; Actual counterclaim service established. The 14 day existing-party branch does not govern a genuinely new counterclaim defendant.
Court Procedures Rules 2006 (ACT) r 466 (3) (b) [R73, effective August 1, 2026]How does this provision count time?
- File and serve the elected answer to counterclaim
- New party’s answer to a counterclaim uses 28 days after counterclaim service. 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 the elected answer to counterclaim. 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.
New party’s answer to a counterclaim uses 28 days after counterclaim service. 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 the elected answer to counterclaim. 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 466 (3) (b) [R73, effective August 1, 2026]What do independently checked examples show?
Fictitious example
Actual effective service of the counterclaim on that new party on October12,2026. All stated branch facts apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Actual effective service of the counterclaim on that new party on October12,2026. All stated branch facts apply. 28 days after counterclaim service. File and serve the elected answer to counterclaim. The independent counted-date record retains any excluded days and controlling branch endpoints. | Monday, November 9, 2026 |
| Example 2. Closed-day boundary | Actual effective service of the counterclaim on that new party on December21,2026. The procedural count encounters the prescribed Christmas period. 28 days after counterclaim service. File and serve the elected answer to counterclaim. The independent counted-date record retains any excluded days and controlling branch endpoints. | Wednesday, January 27, 2027 |
| Example 3. Material procedural branch | The actual prerequisite or controlling branch is absent. The14day existing-party branch does not govern a genuinely new counterclaim defendant. The illustrative event date is Monday, October 12, 2026. Missing branch facts prevent an automated endpoint. Establish the source-specific actor, event and branch. The14day existing-party branch does not govern a genuinely new counterclaim defendant. | Establish the source-specific actor, event and branch. The14day existing-party branch does not govern a genuinely new counterclaim defendant. |
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?
- Not a party to the original proceeding before the counterclaim
- Not a party to the original proceeding before the counterclaim
- Actual counterclaim service established
- Actual counterclaim service established
- Not a party to the original proceeding before the counterclaim; Actual counterclaim service established. The 14 day existing-party branch does not govern a genuinely new counterclaim defendant.
- The 14 day existing-party branch does not govern a genuinely new counterclaim defendant.
What must the responsible actor complete?
Questions about this procedure
When does the ACT new party’s answer to a counterclaim period end?
What event starts the ACT answer to counterclaim (defendant not a party to the original proceeding) clock?
Effective service of the counterclaim on that new party. Counterclaim defendant who was not a party to the original proceeding. The 14 day existing-party branch does not govern a genuinely new counterclaim defendant.
Court Procedures Rules 2006 (ACT) r 466 (3) (b) [R73, effective August 1, 2026]What must be filed or served for answer to counterclaim (defendant not a party to the original proceeding)?
File and serve the elected answer to counterclaim. Complete it with Court Registry and counterclaim plaintiff. Latest ordinary completion date does not prove that the act occurred.
Court Procedures Rules 2006 (ACT) r 466 (3) (b) [R73, effective August 1, 2026]When does the stated period apply to answer to counterclaim (defendant not a party to the original proceeding)?
28 days after counterclaim service. Not a party to the original proceeding before the counterclaim; Actual counterclaim service established.
Court Procedures Rules 2006 (ACT) r 466 (3) (b) [R73, effective August 1, 2026]Which material branch changes answer to counterclaim (defendant not a party to the original proceeding)?
The 14 day existing-party branch does not govern a genuinely new counterclaim defendant.
Court Procedures Rules 2006 (ACT) r 466 (3) (b) [R73, effective August 1, 2026]How do closed days affect answer to counterclaim (defendant not a party to the original proceeding)?
New party’s answer to a counterclaim uses 28 days after counterclaim service. 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 the elected answer to counterclaim. 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 answer to counterclaim (defendant not a party to the original proceeding)?
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 466 (3) (b) [R73, effective August 1, 2026]Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Court Procedures Rules 2006 (ACT) r 466 (3) (b) [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 |