Australia · Australian Capital Territory courts
When does the ACT existing party’s answer to a counterclaim period end?
14 days after counterclaim service. File and serve the elected answer to counterclaim. A new party receives the 28 day branch. Original-party status, rather than the document title alone, determines this clock.
- Period
- 14 days after counterclaim service
- Trigger
- Effective service of the counterclaim
- Rule
- Court Procedures Rules 2006 (ACT) r 466 (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 existing party’s answer to a counterclaim period end?
14 days after counterclaim service. File and serve the elected answer to counterclaim. A new party receives the 28 day branch. Original-party status, rather than the document title alone, determines this clock.
Responsible actor. Counterclaim defendant already party to the original proceeding.
Effective service of the counterclaim
14 days after counterclaim service
Already a party to the original proceeding; Counterclaim actually served; Where the original plaintiff also replies, include the answer in the reply. A new party receives the 28 day branch. Original-party status, rather than the document title alone, determines this clock.
Court Procedures Rules 2006 (ACT) r 466 (3) (a) [R73, effective August 1, 2026]How does this provision count time?
- File and serve the elected answer to counterclaim
- Existing party’s answer to a counterclaim uses 14 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.
Existing party’s answer to a counterclaim uses 14 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) (a) [R73, effective August 1, 2026]What do independently checked examples show?
Fictitious example
Actual effective service of the counterclaim 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 October12,2026. All stated branch facts apply. 14 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, October 26, 2026 |
| Example 2. Closed-day boundary | Actual effective service of the counterclaim on December21,2026. The procedural count encounters the prescribed Christmas period. 14 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. | Tuesday, January 12, 2027 |
| Example 3. Material procedural branch | The actual prerequisite or controlling branch is absent. A new party receives the28day branch. Original-party status, rather than the document title alone, determines this clock. 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 new party receives the28day branch. Original-party status, rather than the document title alone, determines this clock. | Establish the source-specific actor, event and branch. A new party receives the28day branch. Original-party status, rather than the document title alone, determines this clock. |
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?
- Already a party to the original proceeding
- Already a party to the original proceeding
- Counterclaim actually served
- Counterclaim actually served
- Where the original plaintiff also replies, include the answer in the reply
- Where the original plaintiff also replies, include the answer in the reply
- Already a party to the original proceeding; Counterclaim actually served; Where the original plaintiff also replies, include the answer in the reply. A new party receives the 28 day branch. Original-party status, rather than the document title alone, determines this clock.
- A new party receives the 28 day branch. Original-party status, rather than the document title alone, determines this clock.
What must the responsible actor complete?
Questions about this procedure
When does the ACT existing party’s answer to a counterclaim period end?
What event starts the ACT answer to counterclaim (existing party) clock?
Effective service of the counterclaim. Counterclaim defendant already party to the original proceeding. A new party receives the 28 day branch. Original-party status, rather than the document title alone, determines this clock.
Court Procedures Rules 2006 (ACT) r 466 (3) (a) [R73, effective August 1, 2026]What must be filed or served for answer to counterclaim (existing party)?
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) (a) [R73, effective August 1, 2026]When does the stated period apply to answer to counterclaim (existing party)?
14 days after counterclaim service. Already a party to the original proceeding; Counterclaim actually served; Where the original plaintiff also replies, include the answer in the reply.
Court Procedures Rules 2006 (ACT) r 466 (3) (a) [R73, effective August 1, 2026]Which material branch changes answer to counterclaim (existing party)?
A new party receives the 28 day branch. Original-party status, rather than the document title alone, determines this clock.
Court Procedures Rules 2006 (ACT) r 466 (3) (a) [R73, effective August 1, 2026]How do closed days affect answer to counterclaim (existing party)?
Existing party’s answer to a counterclaim uses 14 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 (existing party)?
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) (a) [R73, effective August 1, 2026]Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Court Procedures Rules 2006 (ACT) r 466 (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 |