Gaye Luck v University of Southern Queensland

[2014] HCASL 34

GAYE LUCK

v

UNIVERSITY OF SOUTHERN QUEENSLAND & ANOR

[2014] HCASL 34
M105/2013

1. On 11 December 2009, the applicant sought to file an application for an order to remove into this Court a cause pending in the Federal Court of Australia. On 3 May 2013, the application was deemed abandoned as a result of the applicant's failure to file a summary of argument pursuant to rr 26.06 and 41.13 of the High Court Rules 2004.

2. On 16 July 2013, the applicant filed a summons seeking the reinstatement of the application and an extension of time to file a summary of argument.  She did not appear at the hearing of the summons before a single Justice of this Court (Gageler J) on 5 August 2013.  Gageler J refused to adjourn the application.  His Honour held that the application for removal would have no prospects of success and that reinstatement would be futile.  Gageler J dismissed the summons.

3. The applicant seeks leave to appeal to this Court from the decision of Gageler J.  She has filed a summons seeking leave to file an amended draft notice of appeal and written case. 

4. It has been brought to our attention that the applicant sought an extension of time and foreshadowed the filing of further submissions.  That request has not been acceded to.  We do not consider that the interests of justice require a postponement of the decision in this case, particularly given the view we have formed of the matter.

5. It appears that the proceedings sought to be removed into this Court have now been dismissed.  Gageler J's decision is clearly correct.  An appeal to this Court would enjoy no prospects of success.  Leave is refused.

6. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
6 March 2014 P.A. Keane