Quach v RU [2024] FCAFC 32

Federal Court of Australia

Quach v RU [2024] FCAFC 32 Appeal from: Application for an extension of time to appeal from Quach v RU (No 2) [2020] FCA 957

File number(s): ACD 36 of 2020

Judgment of: PERRY, MEAGHER AND SHARIFF JJ

Date of judgment: 12 March 2024

Catchwords: PRACTICE AND PROCEDURE – where respondent in proceeding below raised Constitutional issue as to whether there was a justiciable "matter" for the purposes of Chapter III of the Constitution – notice in accordance with s 78B of the Judiciary Act 1903 (Cth) issued in proceeding below but not on appeal – submission that there was live controversy between the parties with respect to the subject matter of the alleged dispute was untenable – present application does not involve a matter arising under the Constitution or involving its interpretation for the purposes of s 78B PRACTICE AND PROCEDURE – whether primary judgment dismissing the application on the basis the Court does not have jurisdiction was interlocutory or final –judgment final in nature and leave to appeal under s 24(1A) of the Federal Court of Australia Act 1976 (Cth) therefore not required PRACTICE AND PROCEDURE – application for an extension of time – where any appeal would have insufficient prospects of success – application dismissed with costs

Legislation: Constitution Chapter III Federal Court of Australia Act 1976 (Cth) s 24(1A) Judiciary Act 1903 (Cth) s 78B Service and Execution of Process Act 1992 (Cth) ss 30–32 Federal Court Rules 2011 (Cth) r 36.03 Domestic Violence and Protection Orders Act 2008 (ACT)