Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority [2014] FCA 507 Citation: Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority [2014] FCA 507
Appeal from: Application for extension of time for leave to appeal: Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority [2014] FCA 314
Parties: AVETMISS EASY PTY LTD v AUSTRALIAN SKILLS QUALIFICATIONS AUTHORITY
File number: VID 242 of 2014
Judge: PAGONE J
Date of judgment: 19 May 2014
Catchwords: PRACTICE AND PROCEDURE – appeal from interlocutory decision requiring leave to appeal – application for extension of time to seek leave to appeal – application for determination on the papers – whether reasonable prospects of success of substantive appeal – whether delay in seeking leave to appeal sufficiently explained – whether applicant would suffer substantial injustice if leave not granted. CONSTITUTIONAL LAW – purported notice under Judiciary Act 1903 (Cth) s 78B of constitutional matter – assertion of decision contrary to Constitution s 118 – assertion of matter arising under Constitution not sufficient to attract operation of s 78B.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Commonwealth of Australia Constitution Act, ss 78B, 118 Federal Court of Australia Act 1976 (Cth), s 24(1A) Federal Court of Australia Rules 2011 (Cth), rr 4.01(2), 35.14 Judiciary Act 1903 (Cth), ss 78B, 118
Cases cited: Avetmiss Pty Ltd v Australians Skills Qualifications Authority [2014] FCA 46 Avetmiss Pty Ltd v Australian Skills Qualifications Authority [2014] FCA 314 Australian Competition and Consumer Commission v CG Berbatis Holdings Pty Ltd (1999) 95 FCR 292 Gallo v Dawson (1990) 64 ALJR 458 Gallo v Dawson (No 2) (1992) 66 ALJR 859 Glennan v Commissioner of Taxation (2003) 198 ALR 250 Jakamarra v Krakouer (1998) 195 CLR 516 Mehmood v Attorney-General of the Commonwealth [2013] FCA 406 Mentink v Minister for Home Affairs [2013] FCAFC 113 Narain v Parnell (1986) 9 FCR 479, 489 Rana v Repatriation Commission (2011) 126 ALD 1 Re Finlayson; Ex parte Finlayson (1977) 72 ALJR 73 SZAJB v Minister for Immigration and Citizenship (2008) 168 FCR 410
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