Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dobson v Australian Postal Corporation [2013] FCA 320 Citation: Dobson v Australian Postal Corporation [2013] FCA 320
Appeal from: Application for extension of time: Dobson v Australian Postal Corporation [2012] FMCA 1016
Parties: RORY PAUL DOBSON v AUSTRALIAN POSTAL CORPORATION
File number: QUD 596 of 2012
Judge: LOGAN J
Date of judgment: 11 April 2013
Catchwords: PRACTICE AND PROCEDURE – application for extension of time pursuant to r 35.13 of the Federal Court Rules 2011 (Cth) – extension sought for leave to appeal against summary dismissal of proceeding – whether explanation for delay acceptable – whether the prospects of a grant of leave to appeal in the event that an extension was granted were such as to warrant an extension – whether a substantial injustice would be done to the applicant upon the assumption that the decision was wrong and whether the judgment was attended with sufficient doubt to warrant a grant of leave.
Legislation: Constitution Ch III Disability Discrimination Act 1992 (Cth) ss 6, 15 Federal Court of Australia Act 1976 (Cth) ss 24, 31A Federal Magistrates Act 1999 (Cth) ss 12, 17A Federal Court Rules 2011 (Cth) r 35.13(a), r 35.14(3), r 36.03 Federal Court Rules 1979 (Cth) O 11, r 16, O 81, r 5 Federal Magistrates Court Rules 2001 (Cth) r 13.10, r 41.02A
Cases cited: Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd (2006) 236 ALR 720 cited Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 considered Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Dobson v Australian Postal Corporation [2012] FMCA 1016 considered Ejueyitsi v Bond University [2012] FCA 1514 considered Fair Work Ombudsman v Toyota Material Handling (NSW) Pty Limited (2012) 295 ALR 129 cited Ioannou v Commonwealth of Australia [2012] FCA 1228 cited O'Donoghue v Australian Information Commissioner [2012] FCA 1219 cited Rana v University of South Australia (2004) 136 FCR 344 cited R v Tupou; ex parte A-G (Qld) [2005] QCA 179 cited Scott v Human Rights and Equal Opportunity Commission [2007] FCA 2055 cited Singh v The Owners Strata Plan No. 11723 (No. 4) [2012] FCA 1180 cited Spencer v The Commonwealth (2009) 241 CLR 118 considered Tinkler v Elliott [2012] All ER (D) 94; [2012] EWCA Civ 1289 considered Walker v The State of Victoria (2011) 279 ALR 284 considered Walker v State of Victoria [2012] FCAFC 38 cited White Industries Australia Ltd v Federal Commissioner of Taxation (2007) 160 FCR 298 considered
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate