Hopkins v Repatriation Commission

FEDERAL COURT OF AUSTRALIA

Hopkins v Repatriation Commission [2011] FCA 386

Citation:

Hopkins v Repatriation Commission [2011] FCA 386

Appeal from:

Application for extension of time: Hopkins v Repatriation Commission [2009] FCA 1037

Parties:

FRANCIS JAMES HOPKINS v REPATRIATION COMMISSION

File number:

SAD 28 of 2011

Judge:

LANDER J

Date of judgment:

19 April 2011

Catchwords:

PRACTICE AND PROCEDURE – Application for extension of time in which to file a notice of appeal – whether grounds of appeal likely to succeed if extension granted – whether or not Administrative Appeals Tribunal had made appropriate findings on the evidence before it – whether additional evidence brought forward by the applicant sufficient to persuade the Full Court to overturn the Judge’s order and remit the matter to the Administrative Appeals Tribunal

Held: Application for extension of time in which to file a notice of appeal refused

Legislation:

Administrative Appeals Tribunal Act 1975 (Cth)
Veterans’ Entitlements Act 1986 (Cth) ss 24(1)(c), 24(2)(a), 24(2)(b)
Federal Court Rules O 15 r 2

Cases cited:

Hopkins v Repatriation Commission [2009] FCA 1037 referred to

Date of hearing:

7 March 2011

Date of last submissions:

1 April 2011

Place:

Adelaide

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

34

Counsel for the Applicant:

The Applicant appeared in person

Counsel for the Respondent:

Mr P d’Assumpcao

Solicitor for the Respondent:

Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 28 of 2011

BETWEEN:	FRANCIS JAMES HOPKINS Applicant
AND:	REPATRIATION COMMISSION Respondent

JUDGE:	LANDER J
DATE OF ORDER:	19 APRIL 2011
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.The application for an extension of time be refused.

2.The applicant pay the respondent’s costs.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	SAD 28 of 2011

BETWEEN:	FRANCIS JAMES HOPKINS Applicant
AND:	REPATRIATION COMMISSION Respondent

JUDGE:	LANDER J
DATE:	19 APRIL 2011
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. This is an application for an extension of time to file and serve a notice of appeal from an order of a judge of this Court dismissing the applicant’s appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) and an order that the applicant pay the respondent its costs of the application.

2. The order complained of was made on 16 September 2009.  The application to extend the time for filing and serving a notice of appeal was made on 18 February 2011, some 17 months after the orders were made.

3. Order 52 rule 15 of the Federal Court Rules provides that a notice of appeal should be filed and served within 21 days after the date when the judgment appealed from was pronounced or any later date fixed for that purpose by the Court appealed from, or such further time as allowed by the Court.

4. Order 15…