Lukac v Linfox Armaguard Pty Ltd [2010] FCA 740

FEDERAL COURT OF AUSTRALIA

Lukac v Linfox Armaguard Pty Ltd [2010] FCA 740 Citation: Lukac v Linfox Armaguard Pty Ltd [2010] FCA 740

Appeal from: Application for extension of time: Lukac and Linfox Armaguard Pty Ltd [2009] AATA 648

Parties: GARRY LUKAC v LINFOX ARMAGUARD PTY LTD and CGU SELF INSURANCE

File number: QUD 273 of 2009

Judge: REEVES J

Date of judgment: 16 July 2010

Catchwords: PRACTICE AND PROCEDURE – application for extension of time to file and serve a notice of appeal from a decision of the Administrative Appeals Tribunal – consideration of the explanation for the delay and the merits of the appeal – importance of the merits of the appeal downgraded in recent times – if appeal conspicuously devoid of merit application for extension likely to be rejected – an appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) must identify with precision a pure question of law – application refused because notice of appeal did not identify a question of law but only took issue with the Tribunal's assessment of the evidence

Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) ss 44, 44(1), 44(2A)(a)

Cases cited: Comcare v A'Hearn (1993) 45 FCR 441 Peczalski v Comcare (1999) 58 ALD 697, [1999] FCA 366 Budd v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1540 Holt v Comcare [2002] FCA 1484 Hua-Aus Pty Ltd v Commissioner of Taxation [2009] FCA 743 Culley v Australian Securities and Investments Commission [2008] FCA 1784 Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321, [2003] FCAFC 232 Colby Corporation Pty Ltd v Federal Commissioner of Taxation (2008) 165 FCR 133, [2008] FCAFC 10 Ibarcena v Secretary, Department of Family & Community Services [2003] FCA 1354 Budd v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2009] FCA 961