Australia · Australian Capital Territory courts
When does the ACT challenge after a conditional response notice period end?
28 days after notice filing. Apply under rule 40 to set aside the process. Filing an unconditional notice submits to jurisdiction and waives the specified irregularities. Failure to apply in time makes the conditional notice unconditional.
- Period
- 28 days after notice filing
- Trigger
- Actual filing of the conditional notice
- Rule
- Court Procedures Rules 2006 (ACT) r 111 (3) [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 challenge after a conditional response notice period end?
28 days after notice filing. Apply under rule 40 to set aside the process. Filing an unconditional notice submits to jurisdiction and waives the specified irregularities. Failure to apply in time makes the conditional notice unconditional.
Responsible actor. Defendant who filed a conditional notice to challenge jurisdiction or irregularity.
Actual filing of the conditional notice
28 days after notice filing
Conditional notice actually filed; Actual jurisdiction or irregularity challenge; No existing rule 40 application disposition replacing this branch. Filing an unconditional notice submits to jurisdiction and waives the specified irregularities. Failure to apply in time makes the conditional notice unconditional.
Court Procedures Rules 2006 (ACT) r 111 (3) [R73, effective August 1, 2026]How does this provision count time?
- Apply under rule 40 to set aside the process
- Challenge after a conditional response notice uses 28 days after notice filing. 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.
- Apply under rule 40 to set aside the process. 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.
Challenge after a conditional response notice uses 28 days after notice filing. 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.
Apply under rule 40 to set aside the process. 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 111 (3) [R73, effective August 1, 2026]What do independently checked examples show?
Fictitious example
Actual actual filing of the conditional notice on October12,2026. All stated branch facts apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Actual actual filing of the conditional notice on October12,2026. All stated branch facts apply. 28 days after notice filing. Apply under rule 40 to set aside the process. The independent counted-date record retains any excluded days and controlling branch endpoints. | Monday, November 9, 2026 |
| Example 2. Closed-day boundary | Actual actual filing of the conditional notice on December21,2026. The procedural count encounters the prescribed Christmas period. 28 days after notice filing. Apply under rule 40 to set aside the process. 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. Filing an unconditional notice submits to jurisdiction and waives the specified irregularities. Failure to apply in time makes the conditional notice unconditional. The illustrative event date is Monday, October 12, 2026. Missing branch facts prevent an automated endpoint. Establish the source-specific actor, event and branch. Filing an unconditional notice submits to jurisdiction and waives the specified irregularities. Failure to apply in time makes the conditional notice unconditional. | Establish the source-specific actor, event and branch. Filing an unconditional notice submits to jurisdiction and waives the specified irregularities. Failure to apply in time makes the conditional notice unconditional. |
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?
- Conditional notice actually filed
- Conditional notice actually filed
- Actual jurisdiction or irregularity challenge
- Actual jurisdiction or irregularity challenge
- No existing rule 40 application disposition replacing this branch
- No existing rule 40 application disposition replacing this branch
- Conditional notice actually filed; Actual jurisdiction or irregularity challenge; No existing rule 40 application disposition replacing this branch. Filing an unconditional notice submits to jurisdiction and waives the specified irregularities. Failure to apply in time makes the conditional notice unconditional.
- Filing an unconditional notice submits to jurisdiction and waives the specified irregularities. Failure to apply in time makes the conditional notice unconditional.
What must the responsible actor complete?
Questions about this procedure
When does the ACT challenge after a conditional response notice period end?
What event starts the ACT application to set aside originating process after a conditional notice of intention to respond clock?
Actual filing of the conditional notice. Defendant who filed a conditional notice to challenge jurisdiction or irregularity. Filing an unconditional notice submits to jurisdiction and waives the specified irregularities. Failure to apply in time makes the conditional notice unconditional.
Court Procedures Rules 2006 (ACT) r 111 (3) [R73, effective August 1, 2026]What must be filed or served for application to set aside originating process after a conditional notice of intention to respond?
Apply under rule 40 to set aside the process. Complete it with Court Registry. Latest ordinary completion date does not prove that the act occurred.
Court Procedures Rules 2006 (ACT) r 111 (3) [R73, effective August 1, 2026]When does the stated period apply to application to set aside originating process after a conditional notice of intention to respond?
28 days after notice filing. Conditional notice actually filed; Actual jurisdiction or irregularity challenge; No existing rule 40 application disposition replacing this branch.
Court Procedures Rules 2006 (ACT) r 111 (3) [R73, effective August 1, 2026]Which material branch changes application to set aside originating process after a conditional notice of intention to respond?
Filing an unconditional notice submits to jurisdiction and waives the specified irregularities. Failure to apply in time makes the conditional notice unconditional.
Court Procedures Rules 2006 (ACT) r 111 (3) [R73, effective August 1, 2026]How do closed days affect application to set aside originating process after a conditional notice of intention to respond?
Challenge after a conditional response notice uses 28 days after notice filing. 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. Apply under rule 40 to set aside the process. 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 application to set aside originating process after a conditional notice of intention to respond?
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 111 (3) [R73, effective August 1, 2026]Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Court Procedures Rules 2006 (ACT) r 111 (3) [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 |