Flashman v Department of the Attorney General

Flashman (the applicant) brought an application against the Department of the Attorney General (the respondent) in the Equal Opportunity Commission of Western Australia, alleging disability discrimination. The applicant sought an extension of time to lodge their application, which had been filed significantly out of time.

The primary legal issues before the court were whether to grant the applicant an extension of time to bring their application, and in doing so, to consider the adequacy of the explanation for the substantial delay, the applicant's alleged illness and access to legal advice, the potential prejudice to the respondent, and whether the grounds of the proposed application were reasonably arguable. The court also considered the nature of the applicant's claim, which involved allegations of constructive dismissal.

The court reasoned that while the applicant had experienced illness and difficulties in obtaining legal advice, these factors did not sufficiently explain the very substantial delay in lodging the application. The court found that the prejudice to the respondent, particularly given the passage of time and the potential for faded memories and lost evidence, weighed against granting an extension. Furthermore, the court determined that the grounds of the proposed application were not reasonably arguable, which was a critical factor in its decision.

Ultimately, the court refused to grant the extension of time, meaning the applicant's claim could not proceed.