Yu v ACT Education Directorate

In Yu v ACT Education Directorate, the applicant sought an extension of time and leave to appeal from a judgment of the Federal Circuit Court of Australia. The application was dismissed by the Court. The applicant argued that the primary judge had made errors in law and that the primary judge had misconstrued key facts of the case. The applicant also argued that the primary judge had failed to address key issues from the applicant's recusal application. The Court found that the applicant had not provided a reasonable explanation for the delay in commencing the application and that the appeal would be futile. The Court also found that the applicant had filed very little or no evidence to support the claim for recusal of the primary judge. The Court considered the merits of the appeal on a reasonably impressionistic level and found that there was insufficient doubt attending the decision of the primary judge to warrant reconsideration on appeal. The application for an extension of time and leave to appeal was dismissed. The Court reserved the question of costs to allow the applicant to respond to the respondent's application for costs. The Court ordered that within 7 days of the orders, the applicant may file and serve short written submissions, limited to 3 pages, addressing whether she opposes an order that she pay the costs of the respondent in accordance with s 570(2) of the Fair Work Act 2009 (Cth).