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Australia · Australian Capital Territory courts

When does the ACT further reply on a new set-off defence period end?

7 days after new ground. File further reply and serve sealed copy on each active party that day. This exception does not dispense with ordinary leave for all further pleadings. It is limited to the new set-off defence ground.

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Period
7 days after new ground
Trigger
Actual new-ground day after reply filing or reply-period expiry
Rule
Court Procedures Rules 2006 (ACT) r 481 (3) [R73, effective August 1, 2026]
Court Procedures Rules 2006 (ACT) r 481 (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 further reply on a new set-off defence period end?

7 days after new ground. File further reply and serve sealed copy on each active party that day. This exception does not dispense with ordinary leave for all further pleadings. It is limited to the new set-off defence ground.

Responsible actor. Plaintiff with a new defence to a set-off.

Actual new-ground day after reply filing or reply-period expiry

7 days after new ground

Actual new defence to set-off; Ground arose after reply or reply-time expiry; No later leave granted. This exception does not dispense with ordinary leave for all further pleadings. It is limited to the new set-off defence ground.

Court Procedures Rules 2006 (ACT) r 481 (3) [R73, effective August 1, 2026]

How does this provision count time?

  1. File further reply and serve sealed copy on each active party that day
  2. Further reply on a new set-off defence uses 7 days after new ground. 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 further reply and serve sealed copy on each active party 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.
  4. The court may extend or shorten the procedural period under rule 6351. The actual order replaces this ordinary source model.

Further reply on a new set-off defence uses 7 days after new ground. 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 further reply and serve sealed copy on each active party 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 481 (3) [R73, effective August 1, 2026]

What do independently checked examples show?

Fictitious example

Actual actual new-ground day after reply filing or reply-period expiry on October12,2026. All stated branch facts apply.

Example counting steps
StepWhat is countedDate
Example 1. Ordinary established factsActual actual new-ground day after reply filing or reply-period expiry on October12,2026. All stated branch facts apply. 7 days after new ground. File further reply and serve sealed copy on each active party that day. The independent counted-date record retains any excluded days and controlling branch endpoints.Monday, October 19, 2026
Example 2. Closed-day boundaryActual actual new-ground day after reply filing or reply-period expiry on December21,2026. The procedural count encounters the prescribed Christmas period. 7 days after new ground. File further reply and serve sealed copy on each active party that day. The independent counted-date record retains any excluded days and controlling branch endpoints.Tuesday, January 5, 2027
Example 3. Material procedural branchThe actual prerequisite or controlling branch is absent. This exception does not dispense with ordinary leave for all further pleadings. It is limited to the new set-off defence ground. The illustrative event date is Monday, October 12, 2026. Missing branch facts prevent an automated endpoint. Establish the source-specific actor, event and branch. This exception does not dispense with ordinary leave for all further pleadings. It is limited to the new set-off defence ground.Establish the source-specific actor, event and branch. This exception does not dispense with ordinary leave for all further pleadings. It is limited to the new set-off defence ground.
Example resultMonday, October 19, 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?

Actual new defence to set-off
Actual new defence to set-off
Ground arose after reply or reply-time expiry
Ground arose after reply or reply-time expiry
No later leave granted
No later leave granted
Court Procedures Rules 2006 (ACT) r 481 (3) [R73, effective August 1, 2026]
  • Actual new defence to set-off; Ground arose after reply or reply-time expiry; No later leave granted. This exception does not dispense with ordinary leave for all further pleadings. It is limited to the new set-off defence ground.
  • This exception does not dispense with ordinary leave for all further pleadings. It is limited to the new set-off defence ground.

What must the responsible actor complete?

Questions about this procedure

When does the ACT further reply on a new set-off defence period end?

What event starts the ACT further reply where a ground of defence to a set-off arises after the reply clock?

Actual new-ground day after reply filing or reply-period expiry. Plaintiff with a new defence to a set-off. This exception does not dispense with ordinary leave for all further pleadings. It is limited to the new set-off defence ground.

Court Procedures Rules 2006 (ACT) r 481 (3) [R73, effective August 1, 2026]

What must be filed or served for further reply where a ground of defence to a set-off arises after the reply?

File further reply and serve sealed copy on each active party that day. Complete it with Court Registry and active parties. Latest ordinary completion date does not prove that the act occurred.

Court Procedures Rules 2006 (ACT) r 481 (3) [R73, effective August 1, 2026]

When does the stated period apply to further reply where a ground of defence to a set-off arises after the reply?

7 days after new ground. Actual new defence to set-off; Ground arose after reply or reply-time expiry; No later leave granted.

Court Procedures Rules 2006 (ACT) r 481 (3) [R73, effective August 1, 2026]

Which material branch changes further reply where a ground of defence to a set-off arises after the reply?

This exception does not dispense with ordinary leave for all further pleadings. It is limited to the new set-off defence ground.

Court Procedures Rules 2006 (ACT) r 481 (3) [R73, effective August 1, 2026]

How do closed days affect further reply where a ground of defence to a set-off arises after the reply?

Further reply on a new set-off defence uses 7 days after new ground. 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 further reply and serve sealed copy on each active party 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 reply where a ground of defence to a set-off arises after the reply?

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 481 (3) [R73, effective August 1, 2026]

Official sources and review

Provisions used (3)
Provisions used in this guide
ProvisionPurpose
Court Procedures Rules 2006 (ACT) r 481 (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
Read the official controlling provision

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