In De Braekt v Legal Profession Complaints Committee

Case

[2016] WASCA 220

9/12/16


Details
AGLC Case Decision Date
In De Braekt v Legal Profession Complaints Committee [2016] WASCA 220 [2016] WASCA 220 9/12/16

CaseChat Overview and Summary

The matter of De Braekt v Legal Profession Complaints Committee involved a legal professional who had appealed a decision by the Legal Profession Complaints Committee. The appeal was dismissed by operation of a springing order, which automatically took effect when the appellant failed to meet certain conditions. The appellant subsequently sought an extension of time to file their case after the appeal had been dismissed. The court was required to determine whether the application for an extension of time should be granted, considering the procedural context and the reasons behind the delay. The court found that the application was not justified, as the appellant had failed to demonstrate exceptional circumstances warranting an extension. The appellant's delay in filing the case was attributed to a lack of diligence, and the court held that the appellant bore responsibility for the consequences of their own actions. The application for an extension of time was dismissed.
Details

Areas of Law

  • Civil Litigation & Procedure

Legal Concepts

  • Appeal

  • Limitation Periods

  • Jurisdiction

Actions
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Cases Citing This Decision

10

Lee v Brandis [2025] WASCA 125
Cases Cited

27

Statutory Material Cited

1

TP Engineering Pty Ltd v JM [2015] WASCA 181
A v C [No 2] [2015] WASCA 199