Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Peters v Comcare [2013] FCA 808 Citation: Peters v Comcare [2013] FCA 808
Parties: CHERYL PETERS v COMCARE
File number: VID 360 of 2013
Judge: BROMBERG J
Date of judgment: 13 August 2013
Catchwords: PRACTICE AND PROCEDURE – Application for extension of time to appeal decision of Administrative Appeals Tribunal – whether an acceptable explanation provided by applicant for failure to institute an appeal within time – whether prejudice to the respondent if leave granted – whether the applicant's proposed appeal raises an arguable case of legal error. COSTS – Discretion to order costs – whether good reason for departing from ordinary rule that successful party be awarded costs.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44, 44(1), 44(2A) Safety, Rehabilitation and Compensation Act 1988 (Cth) s 5A(1), 5A(2)
Cases cited: Hunter Valley Developments Pty Ltd v Cohen, Minister for Home Affairs and Environment (1984) 3 FCR 344 Comcare v A'Hearn (1993) 45 FCR 441 Pham v Commonwealth [2002] FCA 669 Commonwealth Bank of Australia v Reeve (2012) 199 FCR 463 Rhodium Australia Pty Ltd v Deputy Commissioner of Taxation [2012] FCAFC 17 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229
Date of hearing: 7 August 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 40
Solicitor for the Applicant: Ms C Weeks of CR Weeks Legal Practice
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