Lindsay v Director of Professional Services Review

Lindsay v Director of Professional Services Review involved Dr Lindsay, the applicant, who sought an extension of time to apply for judicial review of several decisions made by the respondents. The case was heard in the Federal Court of Australia. The primary legal issue was whether the court should grant Dr Lindsay an extension of time under section 11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) to lodge his application for review of the respondents' decisions. The court had to weigh the factors relevant to the exercise of its discretion, including the extent of the delay and Dr Lindsay's explanation for the delay.

In considering the application, the court reviewed the substantial delays in lodging the applications for review of all decisions except the most recent one. The decision referenced in point 4(1) was over three and a half years old when the original application was made, while the decisions referenced in points 4(2), 4(3), and 4(4) were nearly three years, over two years, and over ten months old, respectively. Dr Lindsay did not provide an acceptable explanation for the delays, and this factor weighed heavily against granting an extension of time. While the delay in lodging the application for the decision referenced in point 4(5) was less substantial, Dr Lindsay’s explanation—that he was unaware of the 28-day period for lodging the application—was deemed inadequate. Additionally, the Second Further Amended Application for an Order of Review filed on 3 February 2011 did not contain any grounds for review of the Final Determination, and the relief sought would be futile because the action had already been taken.

The court concluded that Dr Lindsay's application for an extension of time to lodge the application for review of the five decisions was refused. Consequently, the application for review was dismissed, and Dr Lindsay was ordered to pay the respondents' costs.