It's funny you mention Uniform Civil Procedure Rules 2005.
What I'll do is explain this a little better. The matter relates to NCAT decision under the Administrative Decisions Tribunal (ADT).
Now, just to explain my reasoning, suppose I receive an internal review whose findings I am dissatisfied with. I have to lodge my application within 28 days. This is the information that I was given:
If the Applicant is dissatisfied with the outcome of this review in relation to the
findings and recommended actions, the Act provides the right to lodge an appeal to
the NSW Civil and Administrative Tribunal within 28 calendar days from receipt of
this correspondence (plus 5 calendar days for postage). The contact details for this
agency are provided below:…
Here, we see that I have 28 days (plus 5 calendar days for postage). This tells me that if I send it via registered post on day 28, I have lodged my application within 28 days, even if it arrives, say two weeks later. If this was not the case, it would be more like:
23 days (plus 5 days calendar days for postage)
Now, my case relates to an appeal. I have to lodge my appeal within 28 days. My reasoning is that if the above applies to appealing an internal review decision at the ADT, why would it be any different in relation to appealing the very decision relating to that internal review at the ADT?
After I posted my question, I came across the following in Uniform Civil Procedure Rules 2005:
Division 2 Filing of documents
4.10 Filing generally (cf SCR Part 1, rule 9A)
(1) A person may lodge a document for filing in relation to any proceedings—
(a) by delivering it to an officer of the court in the registry, or
(b) by sending it by post to the registry’s business address.
(c) (Repealed)
(2) Any person may lodge a document with an officer of the court for the purpose of its being filed
in relation to proceedings, or proposed proceedings, in the court.
(3) Unless acceptance of the document is subsequently refused by the court or by an officer of the
court, a document is taken to have been filed when it is lodged for filing.
Here, it says that the day I filed a document for any proceedings is the date that I've posted it.
I had a call over today. Respondent said that I filed my appeal out of time and they're going to oppose my leave for extension of time. I said I don't need an extension of time, I lodged my application on time. I then pointed out the above. The judge stopped me, he said that the Uniform Civil Procedure Rules aren't used. Judge also said he said that even if it was out of time, it doesn't mean that my appeal would automatically be rejected, if it would be unjust to refuse do hear it
I have never heard of this before. The point I make is as follows.
I received a decision on 18 august 2021. I posted my appeal via registered post on 15 September 2021 -- day 28. it was received on 21 September 2021 (28 days plus 6 calendar days).
Also, if it makes a difference, I think that the day I received the decision doesn't count. It's actually the next day. I came across the following, regarding reckoning of time for the NCAT:
6 Reckoning of time
(1) Any period of time fixed by these rules, or by any order or other decision of the Tribunal or a registrar or by any document in any proceedings, is to be reckoned in accordance with this rule.
(2) If a time of one day or longer is to be reckoned by reference to a given day or event, the given day or the day of the given event is not to be counted.
(3) If, apart from this rule, the period in question, being a period of 5 days or less, would include a day or part of a day on which the Registry is closed, that day is to be excluded.
(4) If the last day for doing a thing is, or a thing is to be done on, a day on which the Registry is closed, the thing may be done on the next day on which the Registry is open.
I think this means means that it was lodged on 28 days (plus 5 calendar days for postage).
I find all of this really distressing. Any help would be appreciated.