Praljak v State of Queensland

In Praljak v State of Queensland, the applicant sought extensions of time to appeal decisions related to proceedings under section 46PO(3A) of the Australian Human Rights Commission Act 1986 (Cth). The applications for extensions were filed between 13 and 23 months after the time limits had expired, and the applicant provided no explanation for the delay. The court had to decide whether to grant extensions of time for the applicant to seek leave to appeal and whether the refusal to grant leave to appeal could itself be appealed.

The court considered the legal principles governing extensions of time for appeals, emphasising that rules fixing time should not become instruments of injustice. However, the court found no explanation for the delay in filing the appeals, and the applications for leave to appeal had no realistic prospects of success. The court also noted that the applications were not the appropriate occasion to reconsider the decision in Cement Australia Pty Ltd v ACCC regarding the appealability of decisions under section 46PO(3A) of the AHRC Act.

Consequently, the court refused the applications for extensions of time. The court ordered that the application in proceeding VID 43 of 2024 for an extension of time to file an application for leave to appeal from the orders of McEvoy J on 30 November 2022 be refused and that the applicant pay the respondent’s costs of and incidental to the proceeding.