Australia · Australian Capital Territory courts
When does the ACT presumed service by post period end?
7 days after posting unless contrary proved. Identify ordinary deemed service of the properly posted document. This is a rebuttable service presumption, not a filing duty. The interaction of service presumptions with recess must remain explicit; actual contrary proof overrides the date.
- Period
- 7 days after posting unless contrary proved
- Trigger
- Actual posting day in Australia or an external territory
- Rule
- Court Procedures Rules 2006 (ACT) r 6450 (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 presumed service by post period end?
7 days after posting unless contrary proved. Identify ordinary deemed service of the properly posted document. This is a rebuttable service presumption, not a filing duty. The interaction of service presumptions with recess must remain explicit; actual contrary proof overrides the date.
Responsible actor. Party establishing service at an address for service.
Actual posting day in Australia or an external territory
7 days after posting unless contrary proved
Permitted postal service under the Rules; Posting in Australia or an external territory; No contrary proof; Not originating-process personal service by assumption. This is a rebuttable service presumption, not a filing duty. The interaction of service presumptions with recess must remain explicit; actual contrary proof overrides the date.
Court Procedures Rules 2006 (ACT) r 6450 (b) [R73, effective August 1, 2026]How does this provision count time?
- Identify ordinary deemed service of the properly posted document
- Rule 6450(b) supplies a rebuttable seven-calendar-day postal-service presumption for proper service in Australia or an external territory. Contrary proof changes the event. It is not a filing period.
- For presumed service by post, preserve the calendar event even if it is not a Registry filing day. This result does not establish that an act was filed or the court actually listed a hearing.
- Rule 6450(b) makes the 7 day service presumption rebuttable. Contrary proof can replace the deemed event. A service order or another valid service route must be examined independently; this is not an application for extra filing time.
Rule 6450(b) supplies a rebuttable seven-calendar-day postal-service presumption for proper service in Australia or an external territory. Contrary proof changes the event. It is not a filing period.
For presumed service by post, preserve the calendar event even if it is not a Registry filing day. This result does not establish that an act was filed or the court actually listed a hearing.
Court Procedures Rules 2006 (ACT) r 6450 (b) [R73, effective August 1, 2026]What do independently checked examples show?
Fictitious example
DocumentproperlypostedwithinAustraliaOctober12,2026atavalidaddressforservice.Nocontraryproof.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | DocumentproperlypostedwithinAustraliaOctober12,2026atavalidaddressforservice.Nocontraryproof. 7 days after posting unless contrary proved. Identify ordinary deemed service of the properly posted document. The independent counted-date record retains any excluded days and controlling branch endpoints. | Monday, October 19, 2026 |
| Example 2. Closed-day boundary | ThepostalpresumptionwouldcrosstheRulesChristmasperiod. 7 days after posting unless contrary proved. Identify ordinary deemed service of the properly posted document. The independent counted-date record retains any excluded days and controlling branch endpoints. | Monday, December 28, 2026 |
| Example 3. Material procedural branch | The actual prerequisite or controlling branch is absent. This is a rebuttable service presumption, not a filing duty. The interaction of service presumptions with recess must remain explicit; actual contrary proof overrides the date. 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 is a rebuttable service presumption, not a filing duty. The interaction of service presumptions with recess must remain explicit; actual contrary proof overrides the date. | Establish the source-specific actor, event and branch. This is a rebuttable service presumption, not a filing duty. The interaction of service presumptions with recess must remain explicit; actual contrary proof overrides the date. |
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?
- Permitted postal service under the Rules
- Permitted postal service under the Rules
- Posting in Australia or an external territory
- Posting in Australia or an external territory
- No contrary proof
- No contrary proof
- Not originating-process personal service by assumption
- Not originating-process personal service by assumption
- Permitted postal service under the Rules; Posting in Australia or an external territory; No contrary proof; Not originating-process personal service by assumption. This is a rebuttable service presumption, not a filing duty. The interaction of service presumptions with recess must remain explicit; actual contrary proof overrides the date.
- This is a rebuttable service presumption, not a filing duty. The interaction of service presumptions with recess must remain explicit; actual contrary proof overrides the date.
What must the responsible actor complete?
Questions about this procedure
When does the ACT presumed service by post period end?
What event starts the ACT deemed service of a document by post at an address for service clock?
Actual posting day in Australia or an external territory. Party establishing service at an address for service. This is a rebuttable service presumption, not a filing duty. The interaction of service presumptions with recess must remain explicit; actual contrary proof overrides the date.
Court Procedures Rules 2006 (ACT) r 6450 (b) [R73, effective August 1, 2026]What must be filed or served for deemed service of a document by post at an address for service?
Identify ordinary deemed service of the properly posted document. Complete it with Addressee at valid address for service. Rebuttable presumed service day does not prove that the act occurred.
Court Procedures Rules 2006 (ACT) r 6450 (b) [R73, effective August 1, 2026]When does the stated period apply to deemed service of a document by post at an address for service?
7 days after posting unless contrary proved. Permitted postal service under the Rules; Posting in Australia or an external territory; No contrary proof; Not originating-process personal service by assumption.
Court Procedures Rules 2006 (ACT) r 6450 (b) [R73, effective August 1, 2026]Which material branch changes deemed service of a document by post at an address for service?
This is a rebuttable service presumption, not a filing duty. The interaction of service presumptions with recess must remain explicit; actual contrary proof overrides the date.
Court Procedures Rules 2006 (ACT) r 6450 (b) [R73, effective August 1, 2026]How do closed days affect deemed service of a document by post at an address for service?
Rule 6450(b) supplies a rebuttable seven-calendar-day postal-service presumption for proper service in Australia or an external territory. Contrary proof changes the event. It is not a filing period. For presumed service by post, preserve the calendar event even if it is not a Registry filing day. This result does not establish that an act was filed or the court actually listed a hearing. Legislation Act 2001 sections 151 and 151A provide the separate statutory inclusion and completion rules.
Court Procedures Rules 2006 (ACT) r 6450 (b) [R73, effective August 1, 2026]Can an order or another source term change deemed service of a document by post at an address for service?
Rule 6450(b) makes the 7 day service presumption rebuttable. Contrary proof can replace the deemed event. A service order or another valid service route must be examined independently; this is not an application for extra filing time.
Court Procedures Rules 2006 (ACT) r 6450 (b) [R73, effective August 1, 2026]Official sources and review
Provisions used (3)
| Provision | Purpose |
|---|---|
| Court Procedures Rules 2006 (ACT) r 6450 (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 |