Covington-Thomas v The Commonwealth

The case of Covington-Thomas v The Commonwealth involved the applicant seeking an extension of time to commence proceedings against the Commonwealth, following a collision between the Voyager and the Melbourne. The applicant had originally commenced proceedings in the Federal Circuit Court but was required to transfer them to the Federal Court as the Commonwealth was a party. The applicant sought an extension of time under sections 60G and 60I of the Limitation Act 1969 (Cth) to commence the proceedings in the Federal Court.

The legal issues before the court were whether the applicant had acted reasonably and promptly in seeking to commence proceedings, and whether there were any exceptional circumstances that justified the extension of time. The applicant argued that they had acted reasonably and promptly, and that there were exceptional circumstances due to the complexity of the case and the need to obtain expert advice.

The court held that the applicant had not acted reasonably and promptly in seeking to commence proceedings, and that there were no exceptional circumstances that justified the extension of time. The court found that the applicant had delayed in commencing proceedings and had not taken reasonable steps to obtain legal advice. The court also found that the complexity of the case and the need for expert advice did not constitute exceptional circumstances. The court dismissed the application for an extension of time.

The court did not make any orders as the application for an extension of time was dismissed. The applicant's proceedings against the Commonwealth were therefore statute-barred and could not proceed.