Bornecrantz v Secretary, Department of Social Services [2020] FCA 981

FEDERAL COURT OF AUSTRALIA

Bornecrantz v Secretary, Department of Social Services [2020] FCA 981 Appeal from: Application for extension of time for leave to appeal: Bornecrantz v Secretary, Department of Social Services [2019] FCA 1733

File number: NSD 1932 of 2019

Judge: KATZMANN J

Date of judgment: 13 July 2020

Catchwords: PRACTICE AND PROCEDURE — application for extension of time to seek leave to appeal from interlocutory judgment — where primary judge made orders summarily dismissing appeal from Administrative Appeals Tribunal under s 31A(2) of Federal Court of Australia Act 1976 (Cth) — where Tribunal had dismissed application for review on two independent bases and no challenge was made in the proceeding below to the first basis and where primary judge held there were no reasonable prospects of successfully challenging the second basis — where insignificant delay, no prejudice and explanation for delay, whether time should be extended — whether proposed appeal reasonably arguable

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) ss 24(1A) and (1D)(b), 31A(2), 37M Social Security Act 1991 (Cth) ss 7(3), 43 Social Security (Administration Act) 1999 (Cth) s 29 Federal Court Rules 2011 (Cth) rr 26.01(1), 35.13, 36.01(2)(c)

Cases cited: Andelman v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs (2011) 213 FCR 345 Branir Pty Ltd v Owston Nominees (No. 2) Pty Ltd (2001) 117 FCR 424 Charara v Commissioner of Taxation [2016] FCA 451; 103 ATR 118 Décor Corporation Pty Limited v Dart Industries Inc (1991) 33 FCR 397 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd (2008) 167 FCR 372 Riva NSW Pty Limited v Official Trustee in Bankruptcy [2017] FCA 188 SZTRY v Minister for Immigration and Border Protection [2015] FCAFC 86