Federal Court of Australia
Federal Court of Australia
Leach v Comcare [2020] FCA 1206 File number: QUD 704 of 2019
Judgment of: COLLIER J
Date of judgment: 21 August 2020
Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking leave to file a notice of contention out of time – rules 1.39 and 36.24 Federal Court Rules 2011 (Cth) – extension of time to file notice of contention – principles of extension of time – explanation for delay – prejudice to appellant – whether grounds in notice of contention meritorious – substantive matter to be determined by the Full Court on the papers – case management orders appropriate to clarify which grounds of appeal pressed – costs of interlocutory application
Legislation: Federal Court of Australia Act 1976 (Cth) ss 20A, 37M, 43 Federal Court Rules 2011 (Cth) rr 1.39, 36.24 Safety, Rehabilitation and Compensation Act 1988 (Cth) s 53(3)(c)
Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175, [2009] HCA 27 Chugg v Pacific Dunlop Limited (1990) 170 CLR 249 Cowell v Taylor (1886) 31 Ch D 34 Hooton v Minister for Home Affairs (2018) 264 FCR 517, [2018] FCAFC 142
Division: General Division
Registry: Queensland
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 31
Date of hearing: 18 August 2020
Counsel for the Appellant: Mr M Robertson QC
Solicitor for the Appellant: Holding Redlich
Counsel for the Respondent: Mr A Berger and Ms K Slack
Solicitor for the Respondent: Australian Government Solicitor
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