Australia · Australian Capital Territory courts
When does the ACT third-party defence period end?
Rule 102 clocks applied through rule 311, including later 28/7 limbs where applicable. File the notice or defence and serve the sealed copy on the issuing defendant. Rule 311 applies part 2.3 with role substitutions. An unsuccessful setting-aside application remains relevant to this third-party defence.
- Period
- Rule 102 clocks applied through rule 311, including later 28/7 limbs where applicable
- Trigger
- Effective service of that notice, plus any unsuccessful set-aside application
- Rule
- Court Procedures Rules 2006 (ACT) r 311 (1), applying 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 third-party defence period end?
Rule 102 clocks applied through rule 311, including later 28/7 limbs where applicable. File the notice or defence and serve the sealed copy on the issuing defendant. Rule 311 applies part 2.3 with role substitutions. An unsuccessful setting-aside application remains relevant to this third-party defence.
Responsible actor. Third party served with a third-party notice.
Effective service of that notice, plus any unsuccessful set-aside application
Rule 102 clocks applied through rule 311, including later 28/7 limbs where applicable
Third-party notice identified; Actual service on the third party; Complete set-aside history or confirmed absence; No different defence order. Rule 311 applies part 2.3 with role substitutions. An unsuccessful setting-aside application remains relevant to this third-party defence.
Court Procedures Rules 2006 (ACT) r 311 (1), applying r 102 (1) (a) [R73, effective August 1, 2026]How does this provision count time?
- File the notice or defence and serve the sealed copy on the issuing defendant
- Third-party defence uses Rule 102 clocks applied through rule 311, including later 28/7 limbs where applicable. 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 and serve the sealed copy on the issuing defendant. 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.
Third-party defence uses Rule 102 clocks applied through rule 311, including later 28/7 limbs where applicable. 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 and serve the sealed copy on the issuing defendant. 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 311 (1), applying r 102 (1) (a) [R73, effective August 1, 2026]What do independently checked examples show?
Fictitious example
Actual effective service of that notice, plus any unsuccessful set-aside application on October12,2026. All stated branch facts apply.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Actual effective service of that notice, plus any unsuccessful set-aside application on October12,2026. All stated branch facts apply. Rule 102 clocks applied through rule 311, including later 28/7 limbs where applicable. File the notice or defence and serve the sealed copy on the issuing defendant. The independent counted-date record retains any excluded days and controlling branch endpoints. | Monday, November 9, 2026 |
| Example 2. Closed-day boundary | Actual effective service of that notice, plus any unsuccessful set-aside application on December21,2026. The procedural count encounters the prescribed Christmas period. Rule 102 clocks applied through rule 311, including later 28/7 limbs where applicable. File the notice or defence and serve the sealed copy on the issuing defendant. 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. Rule311 applies part2.3 with role substitutions. An unsuccessful setting-aside application remains relevant to this third-party defence. The illustrative event date is Monday, October 12, 2026. Missing branch facts prevent an automated endpoint. Establish the source-specific actor, event and branch. Rule311 applies part2.3 with role substitutions. An unsuccessful setting-aside application remains relevant to this third-party defence. | Establish the source-specific actor, event and branch. Rule311 applies part2.3 with role substitutions. An unsuccessful setting-aside application remains relevant to this third-party defence. |
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?
- Third-party notice identified
- Third-party notice identified
- Actual service on the third party
- Actual service on the third party
- Complete set-aside history or confirmed absence
- Complete set-aside history or confirmed absence
- No different defence order
- No different defence order
- Third-party notice identified; Actual service on the third party; Complete set-aside history or confirmed absence; No different defence order. Rule 311 applies part 2.3 with role substitutions. An unsuccessful setting-aside application remains relevant to this third-party defence.
- Rule 311 applies part 2.3 with role substitutions. An unsuccessful setting-aside application remains relevant to this third-party defence.
What must the responsible actor complete?
Questions about this procedure
When does the ACT third-party defence period end?
What event starts the ACT third party's notice of intention to respond and defence clock?
Effective service of that notice, plus any unsuccessful set-aside application. Third party served with a third-party notice. Rule 311 applies part 2.3 with role substitutions. An unsuccessful setting-aside application remains relevant to this third-party defence.
Court Procedures Rules 2006 (ACT) r 311 (1), applying r 102 (1) (a) [R73, effective August 1, 2026]What must be filed or served for third party's notice of intention to respond and defence?
File the notice or defence and serve the sealed copy on the issuing defendant. Complete it with Court Registry; issuing defendant treated as plaintiff. Latest ordinary completion date does not prove that the act occurred.
Court Procedures Rules 2006 (ACT) r 311 (1), applying r 102 (1) (a) [R73, effective August 1, 2026]When does the stated period apply to third party's notice of intention to respond and defence?
Rule 102 clocks applied through rule 311, including later 28/7 limbs where applicable. Third-party notice identified; Actual service on the third party; Complete set-aside history or confirmed absence; No different defence order.
Court Procedures Rules 2006 (ACT) r 311 (1), applying r 102 (1) (a) [R73, effective August 1, 2026]Which material branch changes third party's notice of intention to respond and defence?
Rule 311 applies part 2.3 with role substitutions. An unsuccessful setting-aside application remains relevant to this third-party defence.
Court Procedures Rules 2006 (ACT) r 311 (1), applying r 102 (1) (a) [R73, effective August 1, 2026]How do closed days affect third party's notice of intention to respond and defence?
Third-party defence uses Rule 102 clocks applied through rule 311, including later 28/7 limbs where applicable. 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 and serve the sealed copy on the issuing defendant. 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 third party's notice of intention to respond and defence?
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 311 (1), applying r 102 (1) (a) [R73, effective August 1, 2026]Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Court Procedures Rules 2006 (ACT) r 311 (1), applying 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 |