Franich v Secretary, Department of Families, Housing Community Services and Indigenous Affairs [2011] FCA 1362

FEDERAL COURT OF AUSTRALIA

Franich v Secretary, Department of Families, Housing Community Services and Indigenous Affairs [2011] FCA 1362 Citation: Franich v Secretary, Department of Families, Housing Community Services and Indigenous Affairs [2011] FCA 1362

Appeal from: Franich v Secretary, Department of Families, Housing Community Services and Indigenous Affairs [2011] AATA 324

Parties: ANTE FRANICH and KARMELA FRANICH v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: WAD 226 of 2011

Judge: MCKERRACHER J

Date of judgment: 2 December 2011

Catchwords: APPEALS – application for extension of time to institute an appeal and appeal heard together – application for extension of time to appeal from a decision of the Administrative Appeals Tribunal – whether extension of time should be granted – matters to be taken into account – exercise of discretion to extend time to institute an appeal – whether there was a reasonable reason for delay – whether there is a question of law – whether there is a reasonable prospect of success – whether there is an error of law – jurisdiction – Administrative Appeals Tribunal Act 1975 (Cth) s 44 – Administrative Decisions (Judicial Review) Act 1977 (Cth), s 11 – whether notice of appeal complies with O 53 r 3 of the Federal Court Rules (r 33.12 of the Federal Court Rules 2011)

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(2A), 44 Federal Court Rules O 53 r 2, O 53 r 7 Federal Court Rules 2011 r 33.12, r 33.13 Social Security Act 1991 (Cth)ss 9, 43, 1118