Gleeson v Secretary, Department of Family, Housing, Community Services and Indigenous Affairs [2011] FCA 437

FEDERAL COURT OF AUSTRALIA

Gleeson v Secretary, Department of Family, Housing, Community Services and Indigenous Affairs [2011] FCA 437 Citation: Gleeson v Secretary, Department of Family, Housing, Community Services and Indigenous Affairs [2011] FCA 437

Appeal from: Application for extension of time: Gleeson v Secretary, Department of Family, Housing Community Services & Indigenous Affairs, (Federal Court of Australia, VID 782 of 2009, Orders dated 1 December 2009) (by consent)

Parties: JOHN GLEESON v SECRETARY, DEPARTMENT OF FAMILY, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: VID 77 of 2011

Judge: JESSUP J

Date of judgment: 3 May 2011

Catchwords: PRACTICE AND PROCEDURE – Final judgment by consent – Whether deemed to be interlocutory – Whether leave to appeal required. PRACTICE AND PROCEDURE – Extension of time for filing application for leave to appeal – Whether satisfactory explanation for delay – Whether proposed case of sufficient substance to avoid extension of time being an exercise in futility.

Legislation: Access to Justice (Civil Litigation Reforms) Amendment Act 2009 (Cth) Aged Care Act 1997 (Cth) s 57A-2(1) Federal Court of Australia Act 1976 (Cth) Social Security Act 1991 (Cth) ss 198, 198AAA

Cases cited: Carnemolla v eBay International AG [2008] FCA 1346 Construction, Forestry, Mining and Energy Union v Australian Building and Construction Commissioner [2010] FCA 349 Duus v Dalvella Pty Ltd [2008] FCA 26 Luck v Chief Executive Officer, Centrelink [2009] FCAFC 54 Sharman License Holdings Limited v Universal Music Australia Pty Ltd [2005] FCA 802 SZMTC v Minister for Immigration and Citizenship [2009] FCA 162