Halac v Commissioner of the Australian Federal Police

The applicants, Mr and Mrs Halac, sought leave to appeal against a decision of the primary judge who refused their application for an extension of time to appeal against their convictions. The dispute concerned whether the applicants were entitled to an extension of time to appeal, notwithstanding that the statutory period for such an appeal had expired. The matter was heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the applicants' appeal against the refusal of an extension order was rendered futile by the expiration of the 15-month period from their conviction day, and consequently, whether leave to appeal should be granted.

The Court of Appeal applied the principles established in *Studman v Director of Public Prosecutions (Cth)* [2007] NSWCA 285. It reasoned that the statutory time limit for appealing against conviction, which was 15 months from the conviction day, had expired. As a result, any appeal against the refusal of an extension order would be futile because the substantive right to appeal against conviction had lapsed. Therefore, the Court concluded that it was not in the interests of justice to grant leave to appeal.

The application for leave to appeal was dismissed, and the applicants were ordered to pay the costs of the Commissioner of the Australian Federal Police.