Hussain and Bilkis v Rahman (Appeal)

The appeal concerns the decision of the Federal Circuit Court to deny the applicants leave to appeal out of time in proceedings between the applicants and the respondent. The applicants, Hussain and Bilkis, sought leave to appeal out of time from a decision that had already been made by the Federal Circuit Court, which had dismissed their appeal. The respondent, Rahman, opposed the application for leave to appeal out of time. The appeal was heard by the Full Court of the Federal Circuit and Family Court of Australia.

The legal issue before the court was whether the applicants had shown sufficient grounds for the court to grant leave to appeal out of time. The applicants argued that a minor delay in lodging their application for leave to appeal out of time did not prejudice the respondent and that the importance of finality and the respect for time limits should be balanced against each other. The respondent argued that the applicants had not demonstrated any arguable grounds of appeal, and that there was no miscarriage of justice that would warrant the grant of leave to appeal out of time. The court was required to consider the principles governing applications for leave to appeal out of time and whether the applicants had met the necessary criteria.

The court held that the applicants had not produced any material to support their application for leave to appeal out of time, and had not identified any arguable grounds of appeal. The court noted that there was no miscarriage of justice that would warrant the grant of leave to appeal out of time. The court held that the principles governing applications for leave to appeal out of time required that the applicants demonstrate both a minor delay and no prejudice to the other party, as well as identifying arguable grounds of appeal. The applicants had failed to meet these criteria, and therefore the application for leave to appeal out of time was refused.

The Tribunal orders that the application for leave to appeal out of time is dismissed.