When is the deadline for application to vary or rescind an interlocutory order (high court)?

5 working days from the applicable decision or receipt event. File and serve an application to vary or rescind instead of appealing. Consent orders and summary judgment under rule 12.4 are excluded. The application does not itself stay the order and ordinarily returns to the same judge.

Responsible actor. The party affected by an allegedly wrong interlocutory order or decision.

The decision if represented, or receipt of notice and terms if absent and unrepresented.

Consent orders and summary judgment under rule 12.4 are excluded. The application does not itself stay the order and ordinarily returns to the same judge.

Consent orders and summary judgment under rule 12.4 are excluded. The application does not itself stay the order and ordinarily returns to the same judge.

1. File and serve an application to vary or rescind instead of appealing.
2. Retain the actual event and evidence of completion.
3. Check the operative source and any applicable order before relying on a period.

High Court Rules 1.3 and 1.17 define working days and exclude the reference event day for rule periods. Rule 1.17(3) preserves statutory reckoning.

Rule 1.18 addresses an act at a registry that cannot be done because that registry is closed. It does not carry every service act or statutory interval.

High Court Rules 2016, rule 7.49. 5 working days from the applicable decision or receipt event. Consent orders and summary judgment under rule 12.4 are excluded. The application does not itself stay the order and ordinarily returns to the same judge. This source guide requires the actual procedural branch, event and applicable completion facts before a final date can be established. No computed date or paid record is available.

The party affected by an allegedly wrong interlocutory order or decision establishes the relevant event. The decision if represented, or receipt of notice and terms if absent and unrepresented. 5 working days from the applicable decision or receipt event. Apply the identified source branch. This illustration supplies no final date.

The procedure has a potentially different branch or direction. Consent orders and summary judgment under rule 12.4 are excluded. The application does not itself stay the order and ordinarily returns to the same judge. Resolve the specific branch before treating the ordinary period as applicable. No final date is supplied.

The event, required act or completion facts are missing. File and serve an application to vary or rescind instead of appealing. Rule 1.18 addresses an act at a registry that cannot be done because that registry is closed. It does not carry every service act or statutory interval. Withhold a computed deadline and paid record. Preserve the unresolved fact instead of assuming an endpoint.

Actual procedural event

The decision if represented, or receipt of notice and terms if absent and unrepresented.

Required act and branch

File and serve an application to vary or rescind instead of appealing. Consent orders and summary judgment under rule 12.4 are excluded. The application does not itself stay the order and ordinarily returns to the same judge.

Completion qualification

Rule 1.18 addresses an act at a registry that cannot be done because that registry is closed. It does not carry every service act or statutory interval.

• Consent orders and summary judgment under rule 12.4 are excluded. The application does not itself stay the order and ordinarily returns to the same judge.
• This procedure concerns file and serve an application to vary or rescind instead of appealing. Compare the related procedures for their own actor, event and required act. Their periods do not replace this provision.

• The party affected by an allegedly wrong interlocutory order or decision.
• The decision if represented, or receipt of notice and terms if absent and unrepresented.
• Consent orders and summary judgment under rule 12.4 are excluded. The application does not itself stay the order and ordinarily returns to the same judge.
• Rule 1.18 addresses an act at a registry that cannot be done because that registry is closed. It does not carry every service act or statutory interval.
• File and serve an application to vary or rescind instead of appealing. Filing, service, notification, payment and discretionary applications remain distinct. No final completion date is calculated by this guide.