The Federal Court of Appeal (FCA) and the Federal Court (FC) have extended their Suspension Periods to June 15, 2020.

Federal Court of Appeal

On May 28, 2020, the FCA issued a Notice to the Parties and the Profession extending the Suspension Period to June 15, 2020.

Federal Court

On May 29, 2020, the FC issued an updated Practice Direction and Order (FC Update), also extending the Suspension Period to June 15, 2020. Pursuant to the FC Update:

  • the Suspension Period is still subject to the five exceptions listed in the FC's Practice Direction and Order of April 29, 2020 (which we discuss here):
    • urgent and exceptional matters;
    • case management hearings;
    • by request of a party to proceed by telephone or video;
    • at the Court's initiative, or
    • matters adjudicated by writing.
  • the April 4, 2020 Practice Direction, which we discuss here, otherwise remains in force.
  • the additional 14-day buffer at the end of the Suspension Period for timelines for the filing of documents and for other procedural steps ends on June 29, 2020.
  • section 6(2) of the Federal Courts Rules, which states that a holiday is not included in the computation of time for a period of less than seven days, does not apply to any timeline that was extended under the Suspension Period.
  • in-person hearings will not be held until July 13, 2020.

Parties should consult with their counsel to understand how the Federal Courts' updates might impact their cases and ensure that they navigate these changes appropriately.

Thank you to Caroline Henrie and David Yi for their help in drafting this article.

Originally published June 2, 2020

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