Conveyancing Today

Usually, yes. Where 30 days is used to calculate a settlement date, the period is ordinarily counted in calendar days, so weekends and public holidays remain in the count. Under the standard Victorian contract, however, the settlement date stated in the particulars controls. If the time for settlement falls on a non-business day, general condition 26.2 extends it to the next business day.

You have signed the contract and the agent wrote down 30 days. Now you need a real date, because the lease notice, the removalists and the bank all hang off it. So does a 30 day settlement include weekends, and what happens if day 30 is a Saturday? Here is how the date is worked out and where it can move.

Does a 30 day settlement include weekends?

Where 30 days is used to calculate the settlement date, that ordinarily means calendar days, weekends included. The standard contract does not settle on ’30 days’, though. It settles on a date. The particulars of sale, which are the front pages of the contract that list the price, the deposit and the key dates, say ‘Settlement … is due on’ followed by a day, month and year.

Thirty days is how the period gets negotiated. The date is what binds. Consumer Affairs Victoria says the settlement period is usually 30 to 90 days. The agreed settlement date is then recorded in the contract.

Here is a worked example on real dates. If settlement is calculated as 30 days after a contract dated Friday 2 October 2026, the resulting date is Sunday 1 November 2026. Sunday is not a business day (what counts as one is set out below). The general conditions are the standard terms printed in the back of the contract, and general condition 26.2 says: ‘Time is extended until the next business day if the time for performing any action falls on a day which is not a business day.’ So settlement moves to Monday 2 November.

Because the contractual wording can determine how a period is calculated, rely on the date printed in your particulars rather than your own count.

Is settlement 30 business days or calendar days?

Where a period is used to calculate the date, calendar days ordinarily get you there. Business-day provisions then determine whether the time for performance is extended. Section 30 of the Sale of Land Act 1962 (Vic) says a business day is any day except a Saturday or Sunday, or a day observed as a public holiday throughout Victoria. The standard contract uses the same definition.

Business days do matter in one early deadline, the cooling-off period. Under section 31 of the same Act, a buyer can end the contract within three clear business days after signing. On many private sales the seller can then keep $100 or 0.2% of the price, whichever is more. There are exceptions, including auction sales, and you can read more about the cooling-off period and the other steps from signing to settlement.

In the standard contract, the particulars of sale come first, then the special conditions, then the general conditions. Special conditions are extra terms written in for your sale, and one can change a general condition. So check your special conditions before relying on any rule here.

What happens if settlement falls on a weekend or public holiday?

Under general condition 26.2, settlement moves to the next business day. A weekend, or a public holiday observed throughout Victoria, pushes the date forward.

The hours matter too. Under general condition 18.1, settlement is done electronically, and general condition 17.3 says it must happen within the operating time of the online platform the settlement runs through. PEXA, one of those platforms, lists financial settlement in Victoria from 9.30am to 5.30pm, Monday to Friday. It is not available on weekends.

Platform availability and the contract’s definition of a business day are separate questions. PEXA publishes its own holiday exclusions and reduced-hours schedule, so the settlement platform’s operating calendar should also be checked for the proposed date.

Where settlement is not done electronically, general condition 17.2 sets the hours at 10am to 4pm, unless the parties agree otherwise.

The settlement time on the day is agreed between the two conveyancers. Until that time is booked, avoid planning your move around a morning settlement.

Victorian public holidays that can move a settlement date

A day observed as a public holiday throughout Victoria is a non-business day for this purpose and, under general condition 26.2, extends the time for settlement to the next business day. Business Victoria’s 2026 list includes:

  • Friday before the AFL Grand Final, Friday 25 September.
  • Christmas Day, Friday 25 December.
  • Boxing Day, Saturday 26 December, with an extra public holiday on Monday 28 December because Boxing Day falls on a Saturday.

December is where this bites. If settlement is calculated as 30 days after a contract dated Thursday 26 November 2026, the resulting date is Saturday 26 December. Sunday 27 is a weekend and Monday 28 is a public holiday. The first business day is Tuesday 29 December. If you have removalists booked for the 28th, that is worth knowing now.

Melbourne Cup Day needs separate checking. Section 30 of the Sale of Land Act defines a business day using a statewide test: it excludes a day where the whole or any part of that day is observed as a public holiday throughout Victoria. Business Victoria states that Melbourne Cup Day is a public holiday across Victoria unless a non-metropolitan council has arranged an alternate local holiday. Because regional substitutions can apply, do not assume that whether Cup Day is observed in the municipality where the property is located necessarily answers the contractual business-day question. If a contractual date falls on Melbourne Cup Day, check the particular contract and settlement arrangements with the acting conveyancer or solicitor. If any date in your contract lands on Cup Day, raise it with your conveyancer early.

What the 30 days has to cover

Several other deadlines may sit inside that period. Their calculation depends on the wording of the relevant condition, although general condition 26.2 can extend the time for performing an action that falls on a non-business day.

The particulars may set a loan approval date, the date by which your finance must be approved (general condition 20). If the contract includes building and pest inspection conditions, those reports have deadlines too. Under general condition 29, the buyer can inspect the property at any reasonable time in the 7 days before and including settlement day. On the other side, the seller’s bank has to prepare the mortgage discharge, the paperwork that releases its loan over the property.

A weekend or public holiday inside the period leaves fewer working days for all of it. If you are buying and selling on the same day, both contracts’ dates need to line up as well.

Can the settlement date be changed after you sign?

Conveyancer pointing out a revised date on a calendar to a buyer

Under the standard contract, neither side can move the settlement date on its own. A new date has to be agreed by both, and it is usually put in writing through the conveyancers. If you are still weighing up how long a period to ask for, see our article on choosing a settlement date.

What happens if settlement is late?

Conveyancer discussing a delayed settlement by phone while reviewing a file

General condition 26.1 of the standard contract says ‘Time is of the essence of this contract’. In plain terms, its dates are binding deadlines, not targets.

Under general condition 33, interest is payable on money owing under the contract for the period of default. The rate is the one fixed under the Penalty Interest Rates Act 1983 (Vic), although special conditions can change it. Under general condition 34, the other party can serve a default notice, a formal written warning, giving 14 days to fix the problem.

If you think you may not be able to settle on time, get legal advice early. Our guide on what happens when a buyer can’t settle covers the next steps.

Before you book removalists or end a lease

General condition 26.2 can move your settlement date, but it does nothing to your lease end date or your removalist booking. Before you book the truck or give notice, check the settlement date printed in your particulars. Then ask whether any date in the contract lands on a weekend or public holiday.

To have your contract dates checked before you lock anything else in, talk to Conveyancing Today.

Frequently asked questions

How do you count a 30 day settlement?

If the contract uses a 30-day period to calculate settlement, it is ordinarily counted in calendar days, including Saturdays and Sundays. In practice, rely on the exact settlement date stated in the particulars.

Can settlement happen on a weekend in Victoria?

Not under the standard contract. If the time for settlement falls on a Saturday or Sunday, general condition 26.2 extends it to the next business day.

What if settlement falls on a public holiday?

The standard contract extends the time to the following business day where the time for settlement falls on a non-business day. Melbourne Cup Day requires particular care because regional substitute holidays can apply. Section 30 of the Sale of Land Act uses a statewide test, so the contractual business-day question should not be determined solely by whether Cup Day is observed in the municipality where the property is located. Ask the acting conveyancer or solicitor to check the contract and settlement arrangements if the date falls on Melbourne Cup Day.

How long is a standard settlement in Victoria?

There is no single standard length. Consumer Affairs Victoria puts the usual range at 30 to 90 days, and the agreed settlement date is written into the contract.

This article provides general information only and is not legal advice. For advice specific to your situation, consult a qualified conveyancer or solicitor.

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