Federal Court of Australia
Federal Court of Australia
Drummond v Canberra Institute of Technology [2023] FCA 421 File number(s): ACD 52 of 2022
Judgment of: WIGNEY J
Date of judgment: 5 April 2023
Date of publication of reasons: 5 May 2023
Catchwords: PRACTICE AND PROCEDURE –– application to appeal from judgment of Federal Circuit and Family Court of Australia dismissing an originating application –– where applicant failed to appear at adjourned final hearing –– where primary judge's orders dismissed the application but provided a stay of the dismissal if applicant filed written submissions within 28 days –– applicant instead applied for leave to appeal –– found that substantial injustice would result if leave was refused and the decision of the primary judge was found to be wrong –– consideration of whether decision of primary judge attended by sufficient doubt to warrant Full Court's reconsideration –– decision discretionary in nature –– not established that primary judge failed to have regard to or give sufficient regard to applicant's medical evidence –– not established that primary judge prejudged matter by disregarding evidence, or otherwise attended by apprehended bias –– not established that primary judge's reasons and orders legally unreasonable –– application for leave to appeal dismissed
Legislation: Fair Work Act 2009 (Cth) Federal Circuit and Family Court Act 2021 (Cth) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)
Cases cited: BHL19 v The Minister For Immigration (2020) 27 FCR 420; [2020] FCAFC 94 Cockburn v Canberra Institute of Technology [2022] FedCFamC2G 646 Cockburn v Canberra Institute of Technology (No 2) [2022] FedCFFamC2G 866 Décor Corporations v Dart (1991) 33 FCR 397; [1991] FCA 844 Drummond v Canberra Institute of Technology [2019] FCCA 2612 Drummond v Canberra Institute of Technology (2020) 278 FCR 436; [2020] FCAFC 131 Drummond v Canberra Institute of Technology (No 2) [2021] FCCA 556 Drummond v Canberra Institute of Technology (No 2) [2022] FCAFC 162 Drummond v Canberra Institute of Technology (No 3) [2022] FCAFC 169 Drummond v Canberra Institute of Technology [2022] FCA 1030 House v The King (1936) 55 CLR 499; [1936] HCA 40 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332; [2013] HCA 18
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