Dunn v Repatriation Commission

[2012] FCA 87

FEDERAL COURT OF AUSTRALIA

Dunn v Repatriation Commission [2012] FCA 87

Citation:		Dunn v Repatriation Commission [2012] FCA 87
Appeal from:		Application for extension of time: Dunn v Repatriation Commission [2011] AATA 893
Parties:		DAWN ELEANOR DUNN v REPATRIATION COMMISSION
File number:		WAD 8 of 2012
Judge:		GILMOUR J
Date of judgment:		7 February 2012
Legislation:		Administrative Appeals Tribunal Act 1975 (Cth), s 442A Federal Court Rules (2011) (Cth) r 33.13
Date of hearing:	7 February 2012
Place:	Perth
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	5
Counsel for the Applicant:	Simon Dunn on behalf of his mother Dawn Eleanor Dunn
Counsel for the Respondent:	Teresa Ling
Solicitor for the Respondent:	Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 8 of 2012

BETWEEN:	DAWN ELEANOR DUNN Applicant
AND:	REPATRIATION COMMISSION Respondent

JUDGE:	GILMOUR J
DATE OF ORDER:	7 FEBRUARY 2012
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.The time in which the applicant may institute an appeal under s 44(2A) of the Administrative Appeals Tribunal Act 1975 (Cth) be extended to and including 28 February 2012.

2.The costs of the application be costs in any appeal instituted by the applicant.

NOTE:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 8 of 2012

BETWEEN:	DAWN ELEANOR DUNN Applicant
AND:	REPATRIATION COMMISSION Respondent

JUDGE:	GILMOUR J
DATE:	7 FEBRUARY 2012
PLACE:	PERTH

REASONS FOR JUDGMENT

1. The applicant has applied by way of an interlocutory application for an extension of time under the Federal Court Rules (2011) (Cth) rule 33.13 for the institution of an appeal under s 44(2A) of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act). The extension sought is to 28 February 2012. The time within which an appeal might have been brought under the rules expires on or about 3 or 4 February, it appears.

2. The application is supported by an affidavit of the applicant, as sworn on 12 January 2012, as well as an affidavit by Mr Simon Dunn sworn on 13 January 2012.  I also have before me a draft notice of appeal. 

3. I am satisfied that there is a proper basis for the extension of time made out on the evidence.  Moreover, counsel appearing for the respondent has indicated that it neither opposes nor consents to the application.

4. In those circumstances, there will be an order in terms of the application that the time in which the applicant may institute an appeal under s 44(2A) of the AAT Act be extended to and including 28 February 2012.

5. There will also be an order that the costs of the application be costs in any appeal instituted by the applicant.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour.

Associate:

Dated:       22 February 2012