Federal Court of Australia
Federal Court of Australia
Wilson v State of Victoria [2023] FCAFC 204 Appeal from: Wilson v State of Victoria [2023] FCA 111
File number: VID 176 of 2023
Judgment of: LOGAN, PERRY AND O'SULLIVAN JJ
Date of judgment: 22 December 2023
Catchwords: PRACTICE AND PROCEDURE — application for leave to appeal from summary judgment – application for extension of time within which to seek leave to appeal – where before the primary judge the applicants alleged invalidity of measures relating to the rollout of COVID-19 vaccines and restrictions on unvaccinated individuals in the State of Victoria – where grounds of appeal, save for the issue of costs, have no reasonable prospect of success – extension of time granted – leave to appeal refused save for the issue of costs– costs remitted to primary judge
Legislation: Constitution ss 51, 75 Acts Interpretation Act 1901 (Cth) s 7 Australian Immunisation Register Act 2015 (Cth) Federal Court of Australia Act 1976 (Cth) ss 24, 31A Migration Act 1958 (Cth) s 477A National Health Act 1953 (Cth) s 132G, Pt VIIIB National Health Amendment (COVID-19) Act 2021 (Cth) Federal Court Rules 2011 (Cth) r 35.13(a), r 36.03 Occupational Health and Safety Act 2004 (Vic) Public Health and Wellbeing Act 2008 (Vic) ss 165AI, 165AP, 200, 204, Pt 10
Cases cited: Australian Securities and Investments Commission v Cassimatis (2013) 220 FCR 256 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Hastwell v Kott Gunning [2021] FCAFC 70 Kerrison v Melbourne City Council (2014) 228 FCR 87 Lee v NSW Crime Commission (2013) 251 CLR 196 Spencer v The Commonwealth (2010) 241 CLR 118 Three Rivers District Council v Governor and Company of the Bank of England (No 3) [2003] 2 AC 1 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 96 ALJR 819 Unions NSW v New South Wales (2023) 97 ALJR 150 Wilson v State of Victoria [2023] FCA 111 Wong v The Commonwealth (2009) 236 CLR 573
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