Hi
I am wondering how the courts count the number of days that are allowed for certain processes to take place? Are weekends included? What if the last day before the hearing is a Sunday?
In the Federal Circuit Court Rules, it says that an application cannot be served less than 7 days before the day fixed for the hearing (see below)
I was served with the documents at 6.30pm on 28 February. The documents required me to appear in Family Court at 9.30am on 6th March, a Monday. I don't think this is within the seven day rule. This was for a new application so part (a) below is not relevant.
My plan was to seek an adjournment to the date of the hearing given I had no time to apply for legal aid, no time to file a response etc. But the Judge went ahead and issued interim orders anyway. Can I appeal? Is there anything I can do if the 7 day rule was breached?
Please if anyone can advise me I would appreciate it! I don't know where to go. This does not seem fair at all to me.
Thanks.
Federal Circuit Court Rules 2001 - Rule 6.19
Time for service of applications
Unless the Court orders otherwise, an application and any document filed with it may not be served:
(a) less than 3 days before the day fixed for the hearing of an application in a case; or
(b) less than 7 days before the day fixed for the hearing of any other application.
I am wondering how the courts count the number of days that are allowed for certain processes to take place? Are weekends included? What if the last day before the hearing is a Sunday?
In the Federal Circuit Court Rules, it says that an application cannot be served less than 7 days before the day fixed for the hearing (see below)
I was served with the documents at 6.30pm on 28 February. The documents required me to appear in Family Court at 9.30am on 6th March, a Monday. I don't think this is within the seven day rule. This was for a new application so part (a) below is not relevant.
My plan was to seek an adjournment to the date of the hearing given I had no time to apply for legal aid, no time to file a response etc. But the Judge went ahead and issued interim orders anyway. Can I appeal? Is there anything I can do if the 7 day rule was breached?
Please if anyone can advise me I would appreciate it! I don't know where to go. This does not seem fair at all to me.
Thanks.
Federal Circuit Court Rules 2001 - Rule 6.19
Time for service of applications
Unless the Court orders otherwise, an application and any document filed with it may not be served:
(a) less than 3 days before the day fixed for the hearing of an application in a case; or
(b) less than 7 days before the day fixed for the hearing of any other application.