Hutchinson v Comcare

[2014] FCA 1300

FEDERAL COURT OF AUSTRALIA

Hutchinson v Comcare [2014] FCA 1300

Citation:	Hutchinson v Comcare [2014] FCA 1300
Appeal from:	Application for extension of time: Karen Hutchinson v Comcare [2014] AATA 588
Parties:	KAREN HUTCHINSON v COMCARE
File number:	WAD 322 of 2014
Judge:	MCKERRACHER J
Date of judgment:	1 December 2014
Catchwords:	PRACTICE AND PROCEDURE – application for an extension of time to file a notice of appeal from the Administrative Appeals Tribunal – whether there is an adequate explanation for the delay - whether the proposed appeal has merit – whether an error of law is identified
Legislation:	Administrative Appeals Tribunal Act 1975 (Cth) ss 44(1), 44(2A) Federal Court Rules 2011 (Cth) r 33.13(2)(c) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 5A(1), 7(4)(a),14(1)
Cases cited:	Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority [2014] FCA 314 Birdseye v Australian Securities & Investments Commission (2003) 76 ALD 321 Comcare v A'Hearn (1993) 45 FCR 441 Ergon Energy Corp Ltd v Commissioner of Taxation (2006) 153 FCR 551 Kowalski v Chief Executive Officer of Medicare Australia (2010) 185 FCR 42 Rana v Repatriation Commission [2010] FCA 281 Waterford v Commonwealth (1987) 163 CLR 54
Date of hearing:	28 November 2014
Place:	Perth
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	33
Counsel for the Applicant:	The Applicant appeared in person
Counsel for the Respondent:	Ms C Dowsett
Solicitor for the Respondent:	Sparke Helmore

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 322 of 2014

BETWEEN:	KAREN HUTCHINSON Applicant
AND:	COMCARE Respondent

JUDGE:	MCKERRACHER J
DATE OF ORDER:	1 DECEMBER 2014
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.The application for an extension of time for leave to appeal from a decision of the Administrative Appeals Tribunal dated 22 August 2014 is dismissed.

2.The applicant to pay the costs of the respondent, to be taxed if not agreed. 

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 322 of 2014

BETWEEN:	KAREN HUTCHINSON Applicant
AND:	COMCARE Respondent

JUDGE:	MCKERRACHER J
DATE:	1 DECEMBER 2014
PLACE:	PERTH

REASONS FOR JUDGMENT

THE NATURE OF THE APPLICATION

1. Ms Hutchinson seeks an extension of time in which to file a notice appeal from a decision of the Administrative Appeals Tribunal (Karen Hutchinson v Comcare [2014] AATA 588). The Tribunal decision was delivered on 22 August 2014 and the application for the extension of time was filed on 31 October 2014.

2. The Tribunal in its decision fixed a date of 31 January 2011 from which compensation to Ms Hutchinson should commence.  Ms Hutchinson had pressed for an earlier commencement date of 5 March 2010.

   DRAFT NOTICE OF APPEAL

3. The application is supported by an affidavit, submissions and a draft notice of appeal.  The latter is framed in these terms:

   Questions of law

   1.The Tribunal failed to properly consider and apply the correct construction of section 7(4) of…