Matson v Australian Information Commissioner (No 2) [2021] FCA 690

Federal Court of Australia

Matson v Australian Information Commissioner (No 2) [2021] FCA 690 File number(s): QUD 288 of 2020

Judgment of: COLLIER J

Date of judgment: 23 June 2021

Catchwords: PRACTICE AND PROCEDURE – application for extension of time to file originating application for judicial review – Freedom of Information Act 1982 (Cth) – whether the applicant showed an acceptable explanation for the delay in filing the substantive application – where applicant held on remand in custody in correctional facility – where delay resulting in part from systemic effect of COVID-19 – where applicant informed of "review rights" by decision maker – whether the respondent would suffer prejudice as a result of the grant of an extension of time to file the substantive application – whether the substantive application had reasonable prospects of success – absence of particularisation.

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Freedom of Information Act 1982 (Cth) ss 3, 9A, 24A, 54W, 93A

Cases cited: BQQ15 v Minister for Home Affairs [2019] FCAFC 218 BVG17 v BVH17 (2019) 268 FCR 448; [2019] FCAFC 17 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344; [1984] FCA 186 Lucic v Nolan (1982) 45 ALR 411; [1982] FCA 217 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611; [2010] HCA 16

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 168

Date of last submission/s: 6 May 2021