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Australia · Australian Capital Territory courts

When does the ACT originating claim defence period end?

28 days after claim service, with a later 7 day refusal limb if rule 40 application failed. File a notice of intention to respond, defence, or combined notice and defence; serve the sealed copy on the plaintiff on the filing day. A later unsuccessful rule 40 application can displace the original 28 day endpoint. A notice alone and a combined defence have distinct document choices.

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Period
28 days after claim service, with a later 7 day refusal limb if rule 40 application failed
Trigger
Effective service of the originating claim on that defendant
Rule
Court Procedures Rules 2006 (ACT) r 102 (1) (a) [R73, effective August 1, 2026]
Court Procedures Rules 2006 (ACT) r 102 (1) (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 originating claim defence period end?

28 days after claim service, with a later 7 day refusal limb if rule 40 application failed. File a notice of intention to respond, defence, or combined notice and defence; serve the sealed copy on the plaintiff on the filing day. A later unsuccessful rule 40 application can displace the original 28 day endpoint. A notice alone and a combined defence have distinct document choices.

Responsible actor. Defendant in an originating-claim proceeding.

Effective service of the originating claim on that defendant

28 days after claim service, with a later 7 day refusal limb if rule 40 application failed

Originating claim, not an originating application; Actual claim-service event established; No unsuccessful rule 40 application for this ordinary 28 day branch; No rule 102(2) summary-judgment order fixing another defence time. A later unsuccessful rule 40 application can displace the original 28 day endpoint. A notice alone and a combined defence have distinct document choices.

Court Procedures Rules 2006 (ACT) r 102 (1) (a) [R73, effective August 1, 2026]

How does this provision count time?

  1. File a notice of intention to respond, defence, or combined notice and defence; serve the sealed copy on the plaintiff on the filing day
  2. Originating claim defence uses 28 days after claim service, with a later 7 day refusal limb if rule 40 application failed. 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.
  3. File a notice of intention to respond, defence, or combined notice and defence; serve the sealed copy on the plaintiff on the filing 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.
  4. The court may extend or shorten the procedural period under rule 6351. The actual order replaces this ordinary source model.

Originating claim defence uses 28 days after claim service, with a later 7 day refusal limb if rule 40 application failed. 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 a notice of intention to respond, defence, or combined notice and defence; serve the sealed copy on the plaintiff on the filing 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) (a) [R73, effective August 1, 2026]

What do independently checked examples show?

Fictitious example

Actual effective service of the originating claim on that defendant on October12,2026. All stated branch facts apply.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsActual effective service of the originating claim on that defendant on October12,2026. All stated branch facts apply. 28 days after claim service, with a later 7 day refusal limb if rule 40 application failed. File a notice of intention to respond, defence, or combined notice and defence; serve the sealed copy on the plaintiff on the filing day. The independent counted-date record retains any excluded days and controlling branch endpoints.Monday, November 9, 2026
Example 2. Closed-day boundaryActual effective service of the originating claim on that defendant on December21,2026. The procedural count encounters the prescribed Christmas period. 28 days after claim service, with a later 7 day refusal limb if rule 40 application failed. File a notice of intention to respond, defence, or combined notice and defence; serve the sealed copy on the plaintiff on the filing day. The independent counted-date record retains any excluded days and controlling branch endpoints.Wednesday, January 27, 2027
Example 3. Material procedural branchThe actual prerequisite or controlling branch is absent. A later unsuccessful rule40 application can displace the original28day endpoint. A notice alone and a combined defence have distinct document choices. 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 later unsuccessful rule40 application can displace the original28day endpoint. A notice alone and a combined defence have distinct document choices.Establish the source-specific actor, event and branch. A later unsuccessful rule40 application can displace the original28day endpoint. A notice alone and a combined defence have distinct document choices.
Example resultMonday, November 9, 2026

Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.

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Which conditions and exceptions apply?

Originating claim, not an originating application
Originating claim, not an originating application
Actual claim-service event established
Actual claim-service event established
No unsuccessful rule 40 application for this ordinary 28 day branch
No unsuccessful rule 40 application for this ordinary 28 day branch
No rule 102(2) summary-judgment order fixing another defence time
No rule 102(2) summary-judgment order fixing another defence time
Court Procedures Rules 2006 (ACT) r 102 (1) (a) [R73, effective August 1, 2026]
  • Originating claim, not an originating application; Actual claim-service event established; No unsuccessful rule 40 application for this ordinary 28 day branch; No rule 102(2) summary-judgment order fixing another defence time. A later unsuccessful rule 40 application can displace the original 28 day endpoint. A notice alone and a combined defence have distinct document choices.
  • A later unsuccessful rule 40 application can displace the original 28 day endpoint. A notice alone and a combined defence have distinct document choices.

What must the responsible actor complete?

Questions about this procedure

When does the ACT originating claim defence period end?

What event starts the ACT defence or notice of intention to respond (originating claim) clock?

Effective service of the originating claim on that defendant. Defendant in an originating-claim proceeding. A later unsuccessful rule 40 application can displace the original 28 day endpoint. A notice alone and a combined defence have distinct document choices.

Court Procedures Rules 2006 (ACT) r 102 (1) (a) [R73, effective August 1, 2026]

What must be filed or served for defence or notice of intention to respond (originating claim)?

File a notice of intention to respond, defence, or combined notice and defence; serve the sealed copy on the plaintiff on the filing day. Complete it with Court Registry for filing; plaintiff at the address for service for same-day service. Latest ordinary completion date does not prove that the act occurred.

Court Procedures Rules 2006 (ACT) r 102 (1) (a) [R73, effective August 1, 2026]

When does the stated period apply to defence or notice of intention to respond (originating claim)?

28 days after claim service, with a later 7 day refusal limb if rule 40 application failed. Originating claim, not an originating application; Actual claim-service event established; No unsuccessful rule 40 application for this ordinary 28 day branch; No rule 102(2) summary-judgment order fixing another defence time.

Court Procedures Rules 2006 (ACT) r 102 (1) (a) [R73, effective August 1, 2026]

Which material branch changes defence or notice of intention to respond (originating claim)?

A later unsuccessful rule 40 application can displace the original 28 day endpoint. A notice alone and a combined defence have distinct document choices.

Court Procedures Rules 2006 (ACT) r 102 (1) (a) [R73, effective August 1, 2026]

How do closed days affect defence or notice of intention to respond (originating claim)?

Originating claim defence uses 28 days after claim service, with a later 7 day refusal limb if rule 40 application failed. 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 a notice of intention to respond, defence, or combined notice and defence; serve the sealed copy on the plaintiff on the filing 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 or notice of intention to respond (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) (a) [R73, effective August 1, 2026]

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
Court Procedures Rules 2006 (ACT) r 102 (1) (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
Read the official controlling provision

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