FEDERAL COURT OF AUSTRALIA
Ross v Attorney-General (Cth) [2024] FCA 180
File number(s): VID 888 of 2023 Judgment of: GOODMAN J Date of judgment: 7 March 2024 Catchwords: PRACTICE AND PROCEDURE – application for an extension of time and for leave to appeal orders made by the primary judge, inter alia, dismissing the proceeding – application dismissed Legislation: Federal Court of Australia Act 1976 (Cth), s 37M
Judiciary Act 1903 (Cth), s 78B
Military Rehabilitation and Compensation Act 2004 (Cth)
Federal Court Rules 2011 (Cth), rr 4.12, 4.13, 35.13
Guardianship and Administration Act 2009 (Vic), s 179
Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 15
Cases cited: Barnett v Minister for Housing & Aged Care (1991) 31 FCR 400
BQQ15 v Minister for Home Affairs [2019] FCAFC 218
Decor Corp Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397
Dietrich v The Queen [1992] HCA 57; (1992) 177 CLR 292
Ex-Christmas Islanders Association Inc v Attorney-General (Cth) [2005] FCA 1867; (2005) 149 FCR 170
McInnis v The Queen [1979] HCA 65; (1979) 143 CLR 575
Ross v Commonwealth of Australia [2022] VSC 457
Ross v Commonwealth of Australia [2022] VSC 779
SZHTI v Minister for Immigration and Multicultural and Indigenous Affairs [2006] FCA 702
Division: General Division Registry: Victoria National Practice Area: Administrative and Constitutional Law and Human Rights Number of paragraphs: 85 Date of hearing: 23 February 2024 Counsel for the Applicant: The applicant appeared in person Solicitor for the Respondent: Mr K Sypott of Australian Government Solicitor ORDERS
VID 888 of 2023 BETWEEN: CHRISTOPHER ROSS
Applicant
AND: ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA
Respondent
ORDER MADE BY:
GOODMAN J
DATE OF ORDER:
23 FEBRUARY 2024
THE COURT ORDERS THAT:
1.The applicant’s interlocutory application filed on 18 January 2024 be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ORDERS
VID 888 of 2023 BETWEEN: CHRISTOPHER ROSS
Applicant
AND: ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA
Respondent
ORDER MADE BY:
GOODMAN J
DATE OF ORDER:
7 MARCH 2024
THE COURT ORDERS THAT:
1.The application for an extension of time and leave to appeal filed on 25 October 2023 be dismissed.
2.The applicant pay the respondent’s costs of this proceeding, as agreed or taxed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
GOODMAN J
A. INTRODUCTION
On 7 September 2023, the primary judge dismissed two interlocutory applications brought by the applicant (Mr Ross) and acceded to an interlocutory application brought by the respondent for the dismissal of the proceeding.
On 25 October 2023, Mr Ross filed an application for an extension of time and leave to appeal from the decision of the primary judge.
For the reasons set out below that application should be dismissed, with costs.
B. BACKGROUND
B.1 Generally
The salient evidence on the present application provides the following general background.
Mr Ross was a…
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- AGLC
- Ross v Attorney-General (Cth) [2024] FCA 180
- Case
- [2024] FCA 180
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to address were whether Mr Ross's application for leave to appeal should be granted, considering the timeliness of the application, and if there was any substantial injustice that would result from denying his request for an extension of time. Additionally, the court examined the merits of the proposed grounds of appeal.
The court found that Mr Ross's application for leave to appeal was not filed within the required time and he provided no satisfactory explanation for the delay. Moreover, the court determined that the proposed grounds of appeal lacked merit and that the primary judge's decision was not in doubt. Consequently, the application for an extension of time and leave to appeal was dismissed. The court also ordered that Mr Ross pay the respondent's costs of the proceeding.
This decision underscores the importance of adhering to procedural timelines and the necessity for applicants to substantiate their claims with credible evidence and arguments.
Orders
Orders of the court
1. The application for an extension of time and leave to appeal filed on 25 October 2023 be dismissed.
2. The applicant pay the respondent’s costs of this proceeding, as agreed or taxed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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