Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SZDGN v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 1543 PRACTICE AND PROCEDURE – application for extension of time within which to appeal against judgment of Federal Magistrates Court of Australia – Federal Magistrate dismissed application 'summarily as incompetent' – whether that order interlocutory so that leave to appeal required – whether, under Federal Court Rules, there is a time limit for applying for leave to appeal – test as to whether extension of time to appeal as of right should be granted - test as to whether leave to appeal should be granted – one precondition common to both tests. Migration Act 1958 (Cth), ss 474, 475, 475A, 477, 483A Federal Court of Australia Act 1976 (Cth) s 24(1), (1A); 25(2)(a), (b) Federal Court Rules, O 3 r 3; O 52, rr 10, 15 Hall v Nominal Defendant (1966) 117 CLR 423 cited Licul v Corney (1976) 180 CLR 213 cited Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246 cited Sanofi v Parke Davis Pty Ltd (1982) 149 CLR 147 cited Computer Edge Pty Ltd v Apple Computer Inc (1984) 54 ALR 767 cited Arrowcrest Group Pty Ltd v Gill (1993) 46 FCR 90 cited NZI Securities Australia Ltd v Poignand (1994) 51 FCR 584 cited Brouwer v Titan Corporation Ltd (1997) 73 FCR 241 cited Malouf v Malouf (1999) 86 FCR 134 cited Cubillo v Commonwealth of Australia (2001) 183 ALR 249 cited Brownsville Nominees Pty Ltd v Federal Commissioner of Taxation (1988) 19 FCR 169 cited Fifita v Minister for Immigration & Multicultural Affairs [2001] FCA 1694 cited Weatherall v Satellite Receiving Systems (Australia) Pty Ltd (1999) 92 FCR 101 cited Minogue v Williams (2000) 60 ALD 366 cited Dai v Telstra Corporation Ltd (2000) 171 ALR 348 cited Marketing Advisory Services (MAS) v Football Tasmania Ltd (2002) 42 ACSR 128 cited Rana v University of South Australia [2004] FCA 559 cited Creditors of Antal-Air Pty Ltd v Antal-Air Pty Ltd [2004] FCAFC 303 cited Wilson v Official Trustee in Bankruptcy [2000] FCA 304 cited
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