Brown v Commonwealth of Australia

The Federal Court heard an application from the plaintiff, Brown, to extend the time in which to commence proceedings against the Commonwealth. The plaintiff sought damages for injuries sustained in a collision between a Royal Australian Air Force aircraft and a civilian aircraft over the Bass Strait. The collision resulted in the civilian aircraft crashing into the sea and the death of all on board. The Commonwealth opposed the application on the basis that the plaintiff had failed to provide evidence to establish the requirements of section 60G of the Limitation Act 1969 (Cth).

The central issue before the Court was whether the plaintiff had established the requirements of section 60G of the Limitation Act. The plaintiff needed to show that there were special circumstances justifying the delay in bringing proceedings. The Court considered whether the plaintiff had exercised due diligence in bringing the claim, whether there were any impediments to the plaintiff's knowledge or understanding of the claim, and whether the delay would result in substantial injustice if the claim was not heard. The Court also considered whether the Commonwealth would be prejudiced if the claim was allowed to proceed.

The Court found that the plaintiff had not established the requirements of section 60G. The plaintiff had not exercised due diligence in bringing the claim, as they had not investigated their options for compensation under the Civil Aviation Act 1988 (Cth) and the War Risks Insurance Act 1988 (Cth). The Court also found that the plaintiff had not shown that they were impeded in any way from knowing or understanding their claim, nor had they shown that the delay would result in substantial injustice. The Court found that the Commonwealth would be prejudiced if the claim was allowed to proceed, as there had been a significant delay in bringing the claim and important evidence and witnesses may no longer be available. The Court therefore dismissed the application.