Mihajlovic v Lifeline Macarthur

Mihajlovic v Lifeline Macarthur was an application for review of a decision of Lifeline Macarthur, an organisation that provides services for people suffering from mental illness. The applicant, Mihajlovic, sought a review of the decision to terminate their employment with Lifeline Macarthur. The matter was heard in the Federal Circuit Court of Australia. The primary legal issue before the court was whether the application was lodged out of time. Lifeline Macarthur argued that the application was filed beyond the 28-day period allowed under section 34 of the Administrative Appeals Tribunal Act 1975. Mihajlovic, on the other hand, contended that there were exceptional circumstances that justified the delay in filing the application.

The court examined the relevant statutory provisions and found that there was no provision for extending the time limit for filing an application for internal review. The court held that Mihajlovic failed to provide any evidence or explanation for the delay in lodging the application. Therefore, the application was deemed to be out of time, and the court dismissed the application for review. The court emphasised the importance of strict compliance with statutory time limits and noted that exceptional circumstances must be truly exceptional to warrant an extension of time. The court did not make any orders as the application was dismissed.