Peacock v Human Rights & Equal Opportunity Commission [2003] FCAFC 50

FEDERAL COURT OF AUSTRALIA

Peacock v Human Rights & Equal Opportunity Commission [2003] FCAFC 50 HUMAN RIGHTS - where refusal to extend employment of officer "in employment" under the Public Service Act beyond maximum retiring age PRACTICE AND PROCEDURE – where argument sought to be pursued not raised before primary Judge – where argument not contained in notice of appeal – whether leave to amend notice of appeal ought to be granted – where appeal fifth occasion the matter the subject of decision making – whether interests of justice in matter opposed to the raising of a fresh ground and continuation of proceedings. PRACTICE AND PROCEDURE – whether application for extension of time to file an appeal ought to be granted – where long delay and action taken on basis of decision sought to be appealed from.

Statutes Administrative Decisions (Judicial Review) Act 1977(Cth) Human Rights and Equal Opportunity Commission Act 1986 (Cth) ss 31(b), 3 Human Rights and Equal Opportunity Commission Regulations 1989 (Cth) Reg 4 Public Service Act 1922 (Cth) 1935 (Cth) s 76V(1)(2)(3)(4) Public Service Regulations 1935 (Cth)Reg 83

Cases Allesch v Maunz (2000) 203 CLR 172 Applied Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833 Cited CDJ v VAJ (No 1) (1998) 197 CLR 172 Applied Coulton v Holcombe (1986) 162 CLR 1 Refd to Department of Defence v Human Rights and Equal Opportunity Commission and Others (1997) 78 FCR 208 Cited JB Chandler Investment Company Limited (in voluntary liquidation) v Federal Commissioner of Taxation (1993) 47 FCR 588 Cited Metwally v University of Wollongong [No 2] (1985) 60 ALR 68 Cited Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 Cited O'Brien v Komesaroff (1982) 150 CLR 310 Cited Western Television Ltd v Australian Broadcasting Tribunal (1986) 12 FCR 414 Cited