Australia · Australian Capital Territory courts
When does the ACT further defence on a new ground period end?
7 days after the new ground arises. File a further defence and serve its sealed copy on the plaintiff that day. The clock starts when the new ground arises, not when the defendant later chooses to describe it. Later filing requires court leave.
- Period
- 7 days after the new ground arises
- Trigger
- Actual day the new ground arose after defence filing or expiry of the original defence time
- Rule
- Court Procedures Rules 2006 (ACT) r 104 (2) [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 further defence on a new ground period end?
7 days after the new ground arises. File a further defence and serve its sealed copy on the plaintiff that day. The clock starts when the new ground arises, not when the defendant later chooses to describe it. Later filing requires court leave.
Responsible actor. Defendant with a newly arising ground of defence.
Actual day the new ground arose after defence filing or expiry of the original defence time
7 days after the new ground arises
Ground arose after defence filing or after the rule 102(1) period ended; Actual new-ground event established; No later leave already granted. The clock starts when the new ground arises, not when the defendant later chooses to describe it. Later filing requires court leave.
Court Procedures Rules 2006 (ACT) r 104 (2) [R73, effective August 1, 2026]How does this provision count time?
- File a further defence and serve its sealed copy on the plaintiff that day
- Further defence on a new ground uses 7 days after the new ground arises. 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 further defence 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.
Further defence on a new ground uses 7 days after the new ground arises. 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 further defence 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 104 (2) [R73, effective August 1, 2026]What do independently checked examples show?
Fictitious example
Actual actual day the new ground arose after defence filing or expiry of the original defence time on October12,2026. All stated branch facts apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Actual actual day the new ground arose after defence filing or expiry of the original defence time on October12,2026. All stated branch facts apply. 7 days after the new ground arises. File a further defence and serve its sealed copy on the plaintiff that day. The independent counted-date record retains any excluded days and controlling branch endpoints. | Monday, October 19, 2026 |
| Example 2. Closed-day boundary | Actual actual day the new ground arose after defence filing or expiry of the original defence time on December21,2026. The procedural count encounters the prescribed Christmas period. 7 days after the new ground arises. File a further defence 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 5, 2027 |
| Example 3. Material procedural branch | The actual prerequisite or controlling branch is absent. The clock starts when the new ground arises, not when the defendant later chooses to describe it. Later filing requires court leave. The illustrative event date is Monday, October 12, 2026. Missing branch facts prevent an automated endpoint. Establish the source-specific actor, event and branch. The clock starts when the new ground arises, not when the defendant later chooses to describe it. Later filing requires court leave. | Establish the source-specific actor, event and branch. The clock starts when the new ground arises, not when the defendant later chooses to describe it. Later filing requires court leave. |
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?
- Ground arose after defence filing or after the rule 102(1) period ended
- Ground arose after defence filing or after the rule 102(1) period ended
- Actual new-ground event established
- Actual new-ground event established
- No later leave already granted
- No later leave already granted
- Ground arose after defence filing or after the rule 102(1) period ended; Actual new-ground event established; No later leave already granted. The clock starts when the new ground arises, not when the defendant later chooses to describe it. Later filing requires court leave.
- The clock starts when the new ground arises, not when the defendant later chooses to describe it. Later filing requires court leave.
What must the responsible actor complete?
Questions about this procedure
When does the ACT further defence on a new ground period end?
What event starts the ACT further defence on ground arising after defence filed clock?
Actual day the new ground arose after defence filing or expiry of the original defence time. Defendant with a newly arising ground of defence. The clock starts when the new ground arises, not when the defendant later chooses to describe it. Later filing requires court leave.
Court Procedures Rules 2006 (ACT) r 104 (2) [R73, effective August 1, 2026]What must be filed or served for further defence on ground arising after defence filed?
File a further defence and serve its sealed copy on the plaintiff that day. Complete it with Court Registry and plaintiff. Latest ordinary completion date does not prove that the act occurred.
Court Procedures Rules 2006 (ACT) r 104 (2) [R73, effective August 1, 2026]When does the stated period apply to further defence on ground arising after defence filed?
7 days after the new ground arises. Ground arose after defence filing or after the rule 102(1) period ended; Actual new-ground event established; No later leave already granted.
Court Procedures Rules 2006 (ACT) r 104 (2) [R73, effective August 1, 2026]Which material branch changes further defence on ground arising after defence filed?
The clock starts when the new ground arises, not when the defendant later chooses to describe it. Later filing requires court leave.
Court Procedures Rules 2006 (ACT) r 104 (2) [R73, effective August 1, 2026]How do closed days affect further defence on ground arising after defence filed?
Further defence on a new ground uses 7 days after the new ground arises. 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 further defence 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 further defence on ground arising after defence filed?
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 104 (2) [R73, effective August 1, 2026]Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Court Procedures Rules 2006 (ACT) r 104 (2) [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 |