Employment Claims Rules 2017 · 2025 Revised Edition · Part 11 · Miscellaneous
49. Extension and shortening of time
Feedback & supportA tribunal or the Registrar may, on any terms that the tribunal or Registrar thinks just, by order extend or shorten the period within which a person is required or authorised by these Rules, or by any decision, direction or order of a tribunal or the Registrar, to do any act in any proceedings before a tribunal.
A District Court or the registrar of the State Courts may, on any terms that the District Court or registrar thinks just, by order extend or shorten the period within which a person is required or authorised by these Rules, or by any decision, direction or order of a District Court or the registrar, to do any act in any proceedings before a District Court.
The period mentioned in paragraph (1) or (2) may be extended although the application for extension is not made until after the expiration of that period.
The period within which a person is required to serve, file or amend any claim or other document in any proceedings before a tribunal or a District Court may be extended by consent (given in writing) of the other party to the proceedings without an order of a tribunal, the Registrar, a District Court or the registrar of the State Courts (as the case may be) being made for that purpose, unless the tribunal, Registrar, District Court or registrar specifies otherwise.
This rule does not apply to any of the following periods:
the period under rule 25(2) for filing an application for permission to appeal against an order of a tribunal;
the period under rule 26(1) for filing and serving a notice of appeal;
the period under rule 39(1) for filing an application for the registration of a settlement agreement;
the period under rule 41(1)(a) for filing an application to set aside the registration of a settlement agreement;
the period under rule 46(3)(a) for notifying the Registrar in writing that a claim has been settled, discontinued or withdrawn;
the period under rule 46(4) for making a written request to the Registrar for a refund of the whole or any part of the hearing fees paid under rule 44.
Subregulation 1
A tribunal or the Registrar may, on any terms that the tribunal or Registrar thinks just, by order extend or shorten the period within which a person is required or authorised by these Rules, or by any decision, direction or order of a tribunal or the Registrar, to do any act in any proceedings before a tribunal.
Subregulation 2
A District Court or the registrar of the State Courts may, on any terms that the District Court or registrar thinks just, by order extend or shorten the period within which a person is required or authorised by these Rules, or by any decision, direction or order of a District Court or the registrar, to do any act in any proceedings before a District Court.
Subregulation 3
The period mentioned in paragraph (1) or (2) may be extended although the application for extension is not made until after the expiration of that period.
Subregulation 4
The period within which a person is required to serve, file or amend any claim or other document in any proceedings before a tribunal or a District Court may be extended by consent (given in writing) of the other party to the proceedings without an order of a tribunal, the Registrar, a District Court or the registrar of the State Courts (as the case may be) being made for that purpose, unless the tribunal, Registrar, District Court or registrar specifies otherwise.
Subregulation 5
This rule does not apply to any of the following periods:
the period under rule 25(2) for filing an application for permission to appeal against an order of a tribunal;
the period under rule 26(1) for filing and serving a notice of appeal;
the period under rule 39(1) for filing an application for the registration of a settlement agreement;
the period under rule 41(1)(a) for filing an application to set aside the registration of a settlement agreement;
the period under rule 46(3)(a) for notifying the Registrar in writing that a claim has been settled, discontinued or withdrawn;
the period under rule 46(4) for making a written request to the Registrar for a refund of the whole or any part of the hearing fees paid under rule 44.