Khan v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA 612

FEDERAL COURT OF AUSTRALIA

Khan v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA 612 Citation: Khan v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA 612

Parties: SHER AFZAL KHAN v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: NSD 560 of 2010

Judge: FLICK J

Date of judgment: 11 June 2010

Catchwords: PRACTICE AND PROCEDURE – interlocutory decision - application for extension of time – no satisfactory explanation for delay – no prospects of success – application dismissed

Legislation: Federal Court of Australia Act 1976 (Cth), s 24(1A) Federal Court Rules, O 52 r 10(2A)(b), O 53 r 3(2)(b) Social Security Act 1991 (Cth)

Cases cited: Budd v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 345, cited Budd v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 1138, cited Creditors of Antal-Air Pty Ltd v Antal-Air Pty Ltd [2004] FCAFC 303, 51 ACSR 473, cited Croker v Commonwealth of Australia [2008] FCA 972, cited Garrett v Universal Holidays Pty Ltd [2007] FCA 526, cited Re Khan and Secretary, Department of Families Housing Community Services and Indigenous Affairs [2010] AATA 44, cited Khan v Secretary, Department of Family Housing Community Service and Indigenous Affairs [2010] FCA 420, cited Mentyn v Westpac Banking Corporation [2004] FCAFC 149, cited