Federal Court of Australia
Federal Court of Australia
Knight v Commonwealth Ombudsman [2023] FCA 868 File number(s): VID 783 of 2022
Judgment of: MCELWAINE J
Date of judgment: 31 July 2023
Catchwords: PRACTICE AND PROCEDURE – application for extension of time for the filing of a notice of appeal from a decision made by the Administrative Appeals Tribunal – where application is 16 months out of time – where delay is very substantial and unexplained for the most part – no question of principle – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44
Cases cited: Comcare v A'Hearn (1993) 45 FCR 441 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Julian Knight and Attorney-General's Department (Freedom of Information) [2017] AICmr 79 (31 August 2017) Julian Knight and Commonwealth Ombudsman (Freedom of Information) [2017] AICmr 94 (4 October 2017) Knight v Commonwealth of Australia [2016] FCA 1160 Knight v Commonwealth Ombudsman (Freedom of Information) [2021] AATA 2504 R v Knight [1989] VR 705 VXQB v Child Support Registrar [2021] FCA 48
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 17
Date of last submission/s: 8 May 2023 (Applicant) 9 June 2023 (Respondent)
Date of hearing: Determined on the papers
Counsel for the Applicant: The Applicant appeared in person
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