Court Deadline Rules in Australia: Federal vs State and Why the Differences Matter
By Working Day Calculator Team (Last updated: January 24, 2026)
"Clear days" are not business days. Business days are not court days. And the Federal Court does not count the same way as a state Supreme Court. Those three truths explain most missed court deadlines in Australia.
Australia's court system is fragmented. That fragmentation shows up in time calculation rules, holiday definitions, registry closure periods, and deemed service rules. If you assume that a rule from one jurisdiction applies to another, you can miss a deadline by a day.
This guide summarises the major differences. For technical definitions, see our Court Rules info page. For real-world deadline planning, see the Legal use cases.
Australia's fragmented court system
You are not just dealing with one rulebook. You might be in:
- Federal Court or Federal Circuit and Family Court
- State or territory Supreme Court
- District/County Court
- Magistrates or Local Court
Each has its own procedural rules. The right question is not "how do I count days" but "how does this court count days".
Federal Court of Australia (Federal Court Rules 2011)
The Federal Court has a distinct approach to public holidays and time computation:
- Business days are defined in the Federal Court Rules.
- State public holidays generally do not affect Federal Court deadlines.
- National public holidays apply.
- Christmas/New Year vacation periods are usually set in practice notes.
Clear days: The Federal Court uses clear day counting in some contexts, which excludes the start date and the end date. That is not the same as "within 7 days" in a contract.
Example: A 21-day Federal Court deadline starting 1 March:
- Day 1 is 2 March
- Count 21 clear days, excluding weekends and national public holidays
- If the final day is a weekend or national holiday, it moves to the next business day
If you apply state public holidays to a Federal Court calculation, you will be wrong.
State Supreme Courts (selected highlights)
New South Wales (UCPR)
- Business day counts include NSW public holidays.
- Clear day rules are defined in the UCPR.
- Court vacation periods can affect some deadlines.
Victoria (Supreme Court Rules 2015)
- Business days include Victorian public holidays.
- Melbourne Cup Day can be a non-business day for metro matters.
- Court vacation periods vary and are published annually.
Queensland (UCPR 1999)
- QLD public holidays apply, including the October King's Birthday.
- Vacation periods can suspend or extend deadlines.
Western Australia (Rules of the Supreme Court 1971)
- WA public holidays apply, including WA Day and the gazetted King's Birthday.
- The rules use older terminology, so double-check your interpretation.
SA, TAS, NT, ACT
Each has its own Supreme Court rules and holiday calendars. If the matter is state-based, use the local rules and holiday list for that state.
Magistrates and Local Courts
Lower courts often have their own rules, and they are more likely to be affected by local closures:
- Regional courts can close for local show days
- Registry hours vary more than Supreme Courts
- Local practice directions can change filing cut-offs
If you are unsure, call the registry. A five-minute call can save a missed deadline.
The three concepts that trip people up
1) Clear days
Clear days exclude both the start date and the end date. If a rule says "7 clear days", you count seven full days between the two events.
That is very different from a contract that says "within 7 days". If the rules use clear days, apply clear days. If they do not, do not assume.
2) Business days
Business days exclude weekends and public holidays, but which holidays apply depends on the court:
- Federal Court: national public holidays only
- State courts: state public holidays apply
- Local courts: state holidays and sometimes local closures
3) Court days
Court days are days the registry is open. A day can be a business day but not a court day if the registry is closed for a vacation period or administrative closure.
Public holidays and court deadlines
Here are the practical implications:
- Melbourne Cup Day affects Victorian courts, not Federal Court.
- QLD's October King's Birthday affects QLD courts, not NSW or Federal Court.
- Regional show days generally do not affect superior court deadlines, but can affect local registries.
- Court vacations are set by each court and can suspend or extend time.
Always check the relevant court's annual vacation notice.
Deemed service rules (and why they matter)
Deadlines are often triggered by service, not by the date you prepared a document. Service rules are court-specific, and they often include deemed service delays:
- Post: deemed served several business days after posting
- Email: sometimes the next business day if sent after hours
- DX or courier: treated differently in different rules
If you assume immediate service when the rules deem service two business days later, your timeline shifts. Those shifts add up quickly.
Practical guidance
- Identify the exact court and jurisdiction.
- Read the court's time computation rule, not a general summary.
- Check the holiday calendar that actually applies.
- Confirm whether clear days apply.
- Check for court vacation or registry closure periods.
- Build in buffer days for service delays.
- When in doubt, call the registry.
Conclusion
Australia's court deadline rules are fragmented because the court system is fragmented. The Federal Court and state courts count days differently, and the wrong assumption can cost you a filing.
If you need definitions, see the Court Rules info page. If you need deadline planning with public holidays and court rules, use the calculator with court mode.
FAQ
Q: Do state public holidays affect Federal Court deadlines? A: Generally no. Federal Court business days are based on national public holidays, not state holidays.
Q: What is a "clear day"? A: A day between two events that excludes both the start date and the end date. It is stricter than counting "days" in ordinary language.
Q: Does Melbourne Cup Day affect my Federal Court deadline? A: No. It is a Victorian state holiday and does not affect Federal Court counting.
Q: Are court deadlines suspended during Christmas vacation? A: It depends on the court and the type of deadline. Some deadlines are suspended; others are not. Check the annual vacation notice and practice directions.
Sources to check
- Federal Court Rules 2011
- State and territory Supreme Court rules (UCPR, Supreme Court Rules)
- Court websites for annual vacation notices and practice directions
- High Court Rules 2004