Polito, M. v. Australian Postal Commission [1987] FCA 107

Judgement No./O7 f=:

CATCHWORDS Practice - Application for extension of time within which to appeal from Administrative Appeals Tribunal relevant considerations - application twelve weeks out of time and

unlikely to succeed - extension refused.

Administrative Appeals Tribunal Act 1975 s.44(2A) Compensation (Commonwealth Government Employees) Act 1971

Sukarno v. Minister for Immigration and Ethnic Affairs (29.6.84 unreported) Mavra v. Logan and Others (1980) 24 S.A.S.R. 567

No. G81 of 1986

MARCELLO POLITO v. AUSTRALIAN POSTAL COMMISSION

FORSTER, J. ADELAIDE 10 MARCH 1987

13 MAK (987

FEDERAL COURT OF AUSTRALIA

PRINCIPAL % REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALTA DISTRICT REGISTRY ) No. G81 of 1986 } GENERAL DIVISION )

BETWEEN:

MARCELLO POLITO

Applicant - and -

AUSTRALIAN POSTAL COMMISSION

Respondent REASONS FOR JUDGMENT

CORAM: Forster, d.

This is an application for extension of time within which an appeal to this Court may be instituted against a decision of the Administrative Appeals Tribunal ("the Tribunal"). The decision was given on 11 August 1986 and the application for extension of time was dated and lodged on 3 December 1986.

Section 44(2A) of the Administrative Appeals Tribunal Act 1975 is

as follows -

"(2A) An appeal by a person under sub-section (1) or (2) shall be instituted -

(a) not later than the twenty-eighth day after the day on which a document setting out the terms of the decision of the Tribunal 1s furnished to the person or within such further time as the Federal Court of Australia (whether before or after the expiration of that day) allows; and

(b) in such manner as is prescribed by rules

of court made under the Federal Court of Australia Act 1976."

2. In this case the time limited by s.44(2A)(a) expired on 8 September 1986. The application for extension of time was