Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Garvey v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2008] FCA 1507
PRACTICE AND PROCEDURE: application for extension of time to file and serve notice of appeal – five year delay Held: application refused – no acceptable explanation for five year delay – applicant seeking to re-agitate matters already resolved by Full Federal Court in 1989 – no prospects of success
Social Security Act 1947 (Cth) s 30 Federal Court Rules O 52 r 15(2), O 62 r 45(3)
Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 followed Jess v Scott (1986) 12 FCR 187 considered Robert Joseph Barry Garvey v Secretary, Department of Family and Community Services [2003] FCA 340 affirmed Secretary, Department of Social Security v Garvey (1989) 91 ALR 245 related ROBERT JOSEPH BARRY GARVEY v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS
QUD 163 of 2008
COLLIER J
8 OCTOBER 2008
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 163 of 2008
BETWEEN: ROBERT JOSEPH BARRY GARVEY
Applicant
AND: SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS
Respondent
JUDGE: COLLIER J
DATE OF ORDER: 8 OCTOBER 2008
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application for extension of time to file and serve a notice of appeal be dismissed. 2. The applicant pay the respondent's costs of the application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD 163 of 2008
BETWEEN: ROBERT JOSEPH BARRY GARVEY
Applicant
AND: SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS
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