STUDY UNIT 6

Question 1

GENERAL CALCULATION: DAYS

Answer 1

-section 4 of the Interpretations Act
when calculating days you use FOLI- First day Out, Last day In, unless the last day falls on a Saturday, Sunday or public holiday.

Question 2

‘WEEKS’

Answer 2

weeks are no defined in the Interpretations Act so the ordinary definition of ‘a period of seven days’ is used.

Question 3

‘MONTH’

Answer 3

a month is defined in section 1 of the Interpretation Act as a calendar month (30 days)

Question 4

SECTION 24(b) of THE SUPERIOR COURTS ACT

Answer 4

provides that a person should be given two weeks if civil summons is served outside the High Court’s jurisdiction.

Question 4

THE SUPERIOR COURTS ACT: DAYS

Answer 4

days refers to ordinary calendar days, which obviously includes public holidays, Saturday and Sundays.

Question 5

BUSINESS DAYS

Answer 5

an exception is given to business days in section 1 of the Act, a business day is not a public holiday, Saturday or Sunday.

Question 6

SECTION 1 OF THE MAGISTRATES’ COURT ACT

Answer 6

a court day is any day other than a public holiday, Saturday or Sunday

Question 7

If ‘weeks’ or ‘months’

Answer 7

if ‘weeks’ or ‘months’ are the time periods of a performance, then public holidays, Sundays or Saturdays have to be included.

Question 8

CALCULATION “WITHIN”

Answer 8

FOLI
if a section or rule requires that performance be done within a certain period of time, you exclude the first day and include the last day.

Question 9

TIME PERIODS “AFTER”

Answer 9

if a section or rule requires that a performance may be done after the lapse of a certain period
-exclude both the first and last day.

Question 10

SECTION 24(a) of THE SUPERIOR COURTS ACT

Answer 10

provides that is a person resides more than 150 km from the issuing court, they must be given a month to answer.