Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dunkerley v Comcare [2015] FCA 1519 Citation: Dunkerley v Comcare [2015] FCA 1519
Appeal from: Application for extension of time and leave to appeal: Dunkerley v Comcare [2015] FCA 392
Parties: ULLA-MAIJA DUNKERLEY v COMCARE
File number: ACD 124 of 2015
Judge: RARES J
Date of judgment: 15 December 2015
Catchwords: PRACTICE AND PROCEDURE – application for extension of time and leave to appeal against order of judge exercising appellate jurisdiction under s 25 Federal Court of Australia Act 1976 (Cth) – consideration of court's power to make orders after proceeding finalised – no basis for perfection of order under r 39.05 or slip rule – consideration of power to set aside or vary order under s 25(2B)(bc) – court functus officio with no power to reopen entered order – where applicant failed to identify any error in earlier decision and application otherwise without merit
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: Bailey v Marinoff (1971) 125 CLR 529 Burrell v The Queen (2008) 238 CLR 218 Dunkerley v Comcare [2015] FCA 1076 Dunkerley v Comcare [2015] FCA 392 House v The King (1936) 55 CLR 499
Date of hearing: 15 December 2015
Place: Canberra
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicant: The Applicant appeared in person
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