Australia · Australian Capital Territory courts
When does the ACT defence after a set-aside refusal period end?
Later of 28 days after claim service and 7 days after refusal. File the notice or defence required by rule 102 and serve its sealed copy on the plaintiff that day. Seven days after refusal is not invariably the deadline. Original claim service remains a mandatory controlling anchor.
- Period
- Later of 28 days after claim service and 7 days after refusal
- Trigger
- Both original effective claim service and the actual refusal of the rule 40 application
- Rule
- Court Procedures Rules 2006 (ACT) r 102 (1) (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 defence after a set-aside refusal period end?
Later of 28 days after claim service and 7 days after refusal. File the notice or defence required by rule 102 and serve its sealed copy on the plaintiff that day. Seven days after refusal is not invariably the deadline. Original claim service remains a mandatory controlling anchor.
Responsible actor. Defendant whose rule 40 application to set aside the originating claim failed.
Both original effective claim service and the actual refusal of the rule 40 application
Later of 28 days after claim service and 7 days after refusal
Originating claim; Actual rule 40 application unsuccessful; Both independent source events retained; No different summary-judgment or defence order. Seven days after refusal is not invariably the deadline. Original claim service remains a mandatory controlling anchor.
Court Procedures Rules 2006 (ACT) r 102 (1) (b) [R73, effective August 1, 2026]How does this provision count time?
- File the notice or defence required by rule 102 and serve its sealed copy on the plaintiff that day
- Defence after a set-aside refusal uses Later of 28 days after claim service and 7 days after refusal. 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 the notice or defence required by rule 102 and serve its sealed copy on the plaintiff that day. 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.
Defence after a set-aside refusal uses Later of 28 days after claim service and 7 days after refusal. 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 the notice or defence required by rule 102 and serve its sealed copy on the plaintiff that day. 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 102 (1) (b) [R73, effective August 1, 2026]What do independently checked examples show?
Fictitious example
The originating claim was effectively served October1,2026. The actual rule40 refusal occurred October12,2026. No different defence order.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | The originating claim was effectively served October1,2026. The actual rule40 refusal occurred October12,2026. No different defence order. Later of 28 days after claim service and 7 days after refusal. File the notice or defence required by rule 102 and serve its sealed copy on the plaintiff that day. The independent counted-date record retains any excluded days and controlling branch endpoints. | Thursday, October 29, 2026 |
| Example 2. Closed-day boundary | OriginalclaimserviceDecember14,2026andactualrefusalDecember21. BothsourcecountsexcludetheprescribedChristmaseightdays. Later of 28 days after claim service and 7 days after refusal. File the notice or defence required by rule 102 and serve its sealed copy on the plaintiff that day. The independent counted-date record retains any excluded days and controlling branch endpoints. | Tuesday, January 19, 2027 |
| Example 3. Material procedural branch | The actual prerequisite or controlling branch is absent. Seven days after refusal is not invariably the deadline. Original claim service remains a mandatory controlling anchor. The illustrative event date is Monday, October 12, 2026. Missing branch facts prevent an automated endpoint. Establish the source-specific actor, event and branch. Seven days after refusal is not invariably the deadline. Original claim service remains a mandatory controlling anchor. | Establish the source-specific actor, event and branch. Seven days after refusal is not invariably the deadline. Original claim service remains a mandatory controlling anchor. |
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?
- Originating claim
- Originating claim
- Actual rule 40 application unsuccessful
- Actual rule 40 application unsuccessful
- Both independent source events retained
- Both independent source events retained
- No different summary-judgment or defence order
- No different summary-judgment or defence order
- Originating claim; Actual rule 40 application unsuccessful; Both independent source events retained; No different summary-judgment or defence order. Seven days after refusal is not invariably the deadline. Original claim service remains a mandatory controlling anchor.
- Seven days after refusal is not invariably the deadline. Original claim service remains a mandatory controlling anchor.
What must the responsible actor complete?
Questions about this procedure
When does the ACT defence after a set-aside refusal period end?
What event starts the ACT defence after unsuccessful application to set aside originating claim clock?
Both original effective claim service and the actual refusal of the rule 40 application. Defendant whose rule 40 application to set aside the originating claim failed. Seven days after refusal is not invariably the deadline. Original claim service remains a mandatory controlling anchor.
Court Procedures Rules 2006 (ACT) r 102 (1) (b) [R73, effective August 1, 2026]What must be filed or served for defence after unsuccessful application to set aside originating claim?
File the notice or defence required by rule 102 and serve its sealed copy on the plaintiff that day. Complete it with Court Registry; plaintiff at the address for service. Latest ordinary completion date does not prove that the act occurred.
Court Procedures Rules 2006 (ACT) r 102 (1) (b) [R73, effective August 1, 2026]When does the stated period apply to defence after unsuccessful application to set aside originating claim?
Later of 28 days after claim service and 7 days after refusal. Originating claim; Actual rule 40 application unsuccessful; Both independent source events retained; No different summary-judgment or defence order.
Court Procedures Rules 2006 (ACT) r 102 (1) (b) [R73, effective August 1, 2026]Which material branch changes defence after unsuccessful application to set aside originating claim?
Seven days after refusal is not invariably the deadline. Original claim service remains a mandatory controlling anchor.
Court Procedures Rules 2006 (ACT) r 102 (1) (b) [R73, effective August 1, 2026]How do closed days affect defence after unsuccessful application to set aside originating claim?
Defence after a set-aside refusal uses Later of 28 days after claim service and 7 days after refusal. 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 the notice or defence required by rule 102 and serve its sealed copy on the plaintiff that day. 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 defence after unsuccessful application to set aside originating claim?
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 102 (1) (b) [R73, effective August 1, 2026]Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Court Procedures Rules 2006 (ACT) r 102 (1) (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 |