Viscariello v Legal Practitioners Disciplinary Tribunal

In the matter of Viscariello v Legal Practitioners Disciplinary Tribunal, the court was asked to consider an application by Mr Viscariello for an extension of time to seek permission to proceed with judicial review of decisions made by the Legal Practitioners Disciplinary Tribunal and the Full Court. Mr Viscariello sought the extension on the basis that he had not previously pursued judicial review due to his focus on his appeal against the Tribunal's decision that led to his striking off as a legal practitioner. The court was required to determine whether the delay in seeking judicial review was justifiable and whether the application had any merit.

The court considered the delay in bringing the application, noting that Mr Viscariello had waited over two years to seek judicial review after the Tribunal had made its findings and orders. The court found that the delay was unjustified and that Mr Viscariello had not shown any reasonable basis for his claim that he would be successful in having the Tribunal's findings quashed. The court also found that the application was unlikely to succeed on the grounds of futility and that any remedy would be futile. Given the serious delay and lack of merit in the application, the court refused the application for an extension of time and dismissed the application for judicial review.

The court's decision was based on the principle that time should not be extended where there is a significant delay and no reasonable prospect of success. The court found that Mr Viscariello had not demonstrated any justifiable reason for the delay and that the application was unlikely to succeed. The court also noted that the Full Court had already considered the merits of the Tribunal's findings and had dismissed Mr Viscariello's appeal. The court concluded that the application for judicial review was futile and that the application for an extension of time should be refused.