Luck v University of Southern Queensland [2011] FCA 1335

FEDERAL COURT OF AUSTRALIA

Luck v University of Southern Queensland [2011] FCA 1335 Citation: Luck v University of Southern Queensland [2011] FCA 1335

Parties: GAYE LUCK v UNIVERSITY OF SOUTHERN QUEENSLAND

File numbers: VID 1395 of 2011 VID 1396 of 2011

Judge: KENNY J

Date of judgment: 23 December 2011

Catchwords: PRACTICE AND PROCEDURE – application for extension of time under Rule 36.05 of the Federal Court Rules 2011 to file notice of appeal – consideration of relevant factors – months of delay by applicant – no likelihood of success of appeal or application for leave to appeal – delay explained by reference to illness – no extension of time granted – application dismissed PRACTICE AND PROCEDURE – removal application under s 40 Judiciary Act 1903 (Cth) – adjournment or stay sought – consideration of relevant factors – real likelihood High Court would decline to make orders for removal – lack of notice to respondent – no adjournment or stay granted.

Legislation: Federal Court Rules 2011 (Cth) Federal Court Rules 1979 (Cth) Federal Court of Australia Act 1976 (Cth) Disability Discrimination Act 1992 (Cth) Human Rights and Equal Opportunity Commission Act 1986 (Cth) Judiciary Act 1903 (Cth) Administrative Decisions (Judicial Review) Act 1977 (Cth) Cases cited: Luck v University of Southern Queensland (No 4) [2011] FCA 433 Welsh v Digilin Pty Ltd (2008) 250 ALR 13 Harris v Caladine (1991) 172 CLR 84 Bienstein v Bienstein (2003) 195 ALR 225 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 SZQBI v Minister for Immigration and Citizenship [2011] FCA 1388 Franich v Secretary, Department of Families, Housing Community Services and Indigenous Affairs [2011] FCA 1362 Décor Corporation Pty Ltd v Dart Industries Inc (1993) 33 FCR 397 House v R (1936) 55 CLR 499