Sally-Brown v Parkyn [2016] FCA 162

FEDERAL COURT OF AUSTRALIA

Sally-Brown v Parkyn [2016] FCA 162 File number: SAD 449 of 2015

Judge: WHITE J

Date of judgment: 29 February 2016

Catchwords: ADMINISTRATIVE LAW – application for judicial review – application for extension of time – Deputy Registrar of Federal Court refused pursuant to r 2.26 Federal Court Rules 2011 (Cth) to accept documents for filing – whether application constituted an abuse of process – decision of Registrar to refuse to accept document for filing reviewable under s 5 of Administrative Decisions (Judicial Review) Act 1977 (Cth) – Deputy Registrar's decision does not involve error of law – application dismissed.

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 11(1)(c) Australian Constitution s 109 Children's Protection Act 1993 (SA) Federal Court Rules 2011 (Cth) rr 2.26,31.11 Judiciary Act 1903 (Cth) ss 39B, 78B

Cases cited: Satchithanantham v National Australia Bank Limited [2010] FCAFC 47

Date of hearing: 9 February 2016

Registry: South Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 19

Counsel for the Applicant: The Applicant appeared in person

Counsel for the Respondent: The Respondent did not appear

ORDERS SAD 449 of 2015

BETWEEN: MERET‑FIELD SALLY‑BROWN Applicant

AND: NIC PARKYN Respondent

JUDGE: WHITE J DATE OF ORDER: 29 FEBRUARY 2016

THE COURT ORDERS THAT:

1. The oral application for an extension of time within which to commence proceedings is refused and the application is dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.