Johnston v Department of Education and Training (GD)

Johnston has applied for leave to appeal an interlocutory decision made in the Federal Court of Australia. The Federal Court had dismissed an application to review the decision of the Department of Education and Training to deny the applicant access to certain educational records. The court was required to decide whether the applicant had established that there were reasonable grounds for leave to appeal. The court noted that the applicant had not shown that the decision of the primary judge was wrong or that the appeal would have a real chance of success. The court also considered that the appeal would not result in substantial justice being done. The court therefore refused leave to appeal the interlocutory decision, and dismissed the appeal. No further orders were made.