Federal Court of Australia
Federal Court of Australia
Wijaya v Judicial Registrar of the Federal Court [2023] FCA 317 File number(s): VID 23 of 2023
Judgment of: WHEELAHAN J
Date of judgment: 6 April 2023
Catchwords: PRACTICE AND PROCEDURE — application for an extension of time pursuant to s 11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) to commence proceedings — where applicant sought review of a decision made by a Registrar under r 2.26 of the Federal Court Rules 2011 (Cth) to refuse to accept originating process for filing — no arguable error established — application for extension of time dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 37 Administrative Appeals Tribunal Act 1975 (Cth) s 13, s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5, s 11(1)(c) Fair Work Act 2009 (Cth) Pt 3-1, Pt 3-2, s 368(3)(a), s 370, s 575, s 588 Federal Court Rules 2011 (Cth) rr 2.26, 26.27(e), 33.12(1), 33.34(1), 33.40, 34.03(3)
Cases cited: Australian Postal Corporation v D'Rozario [2014] FCAFC 89; 222 FCR 303 Dornan v Riordan (1990) 24 FCR 564 Minister for Industrial Relations for State of Victoria v Esso Australia Pty Ltd [2019] FCAFC 26; 268 FCR 520 Nyoni v Bird [2022] FCAFC 61; 177 ALD 21 Satchithanantham v National Australia Bank Ltd [2010] FCAFC 47; 268 ALR 222 Somasundaram v Luxton [2020] FCA 1076
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
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