Seidler v University of New South Wales

In the matter of Kathryn Seidler versus the University of New South Wales, Seidler sought an extension of time and leave to appeal from the judgment of the Federal Magistrates Court. This judgment had been handed down over 11 months prior to the application being filed. The application for leave to appeal was brought under the Federal Court of Australia Act 1976 (Cth). The decision of the Federal Magistrates Court concerned an application by Seidler to reopen proceedings in the Federal Magistrates Court which had been discontinued by Notice of Discontinuance. The respondents opposed the application for extension of time and leave to appeal, arguing that there was no sufficient explanation for the delay and that the Federal Magistrate's decision was not attended by sufficient doubt to warrant reconsideration.

The court found that Seidler had not provided a satisfactory explanation for the delay in seeking leave to appeal and that the Federal Magistrate's decision was not attended by sufficient doubt to warrant reconsideration. The court found that the Federal Magistrate had carefully considered the circumstances leading to the filing of the Notice of Discontinuance and that Seidler was given a full opportunity to argue her case. The court also found that Seidler's submissions in the present proceeding were similarly lacking in coherence and substance. The court concluded that if Seidler were permitted to proceed to appeal the Federal Magistrate's decision, the appeal would be doomed to failure. The court also found that leave was not required in the interests of justice.

The court further found that Seidler had made a deliberate decision to pursue other approaches to achieve her ends while at all times having in mind the possibility of an appeal. The court noted that Seidler had commenced new proceedings against the respondents, raising many of the same issues as were raised in the Federal Magistrates Court. The court found that this amounted to an abuse of process and that the proceedings should be summarily dismissed.

The application for an extension of time and for leave to appeal from the judgment of the Federal Magistrates Court was dismissed with costs.