Agapis v A Deputy President of the Administrative Appeals Tribunal at Perth & Ors; Agapis v A Justice of the Federal Court of Australia at Perth & Ors

These proceedings before the High Court of Australia involved applications by Mr. R. Agapis against a Deputy President of the Administrative Appeals Tribunal, a Justice of the Federal Court of Australia, and other named defendants. Mr. Agapis sought orders to show cause, but his applications were significantly out of time. The primary issue was whether Mr. Agapis should be granted an extension of time to file his applications.

The court was required to determine the legal issue of whether to grant Mr. Agapis an extension of time to file his applications, considering the substantial delay and the potential utility of the substantive applications. This determination involved assessing whether it sufficiently appeared that there would be any point in granting an extension if the substantive application had no prospect of success. The court also had to consider the procedural question of whether to deal with the extension of time applications separately from the substantive applications.

The court reasoned that the first step was to address the applications for extensions of time. His Honour acknowledged Mr. Agapis's request for 28 days to prepare written submissions, citing extenuating circumstances including undertaking a Bachelor of Law course. The court granted Mr. Agapis 28 days to file and serve further written submissions in support of his applications for extension of time. Defendants were granted until 17 September to file and serve any replying submissions. The further hearing of the applications for extensions of time and summons for directions was adjourned to 23 September 2015, to be conducted by video link. The court indicated that it would deal with the extension of time applications separately and in advance of any substantive hearing.