Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hutchinson v Comcare [2014] FCA 1300 Citation: Hutchinson v Comcare [2014] FCA 1300
Appeal from: Application for extension of time: Karen Hutchinson v Comcare [2014] AATA 588
Parties: KAREN HUTCHINSON v COMCARE
File number: WAD 322 of 2014
Judge: MCKERRACHER J
Date of judgment: 1 December 2014
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time to file a notice of appeal from the Administrative Appeals Tribunal – whether there is an adequate explanation for the delay - whether the proposed appeal has merit – whether an error of law is identified
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 44(1), 44(2A) Federal Court Rules 2011 (Cth) r 33.13(2)(c) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5A(1), 7(4)(a),14(1)
Cases cited: Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority [2014] FCA 314 Birdseye v Australian Securities & Investments Commission (2003) 76 ALD 321 Comcare v A'Hearn (1993) 45 FCR 441 Ergon Energy Corp Ltd v Commissioner of Taxation (2006) 153 FCR 551 Kowalski v Chief Executive Officer of Medicare Australia (2010) 185 FCR 42 Rana v Repatriation Commission [2010] FCA 281 Waterford v Commonwealth (1987) 163 CLR 54
Date of hearing: 28 November 2014
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
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