BKZ v The Children’s Guardian [2014] NSWCATAD 230

BKZ v The Children’s Guardian [2014] NSWCATAD 230

The tribunal refused to extend time for filing the review application because the applicant had no prospects of success; however, extension of time to file an enabling order application was granted due to confusion, delay explanation, and potential injustice if additional time was not allowed.

Jurisdiction
Australia
Judgment Date
03 December 2014
Procedural Posture
Application for Review and Extension of Time / Decision
Outcome
Time extension for review application refused; review application dismissed; extension of time for enabling order application granted.
Legal Topics
['extension of Time' 'working With Children Check' 'enabling Order' 'review of Administrative Decision']
['administrative Law' 'child Protection'] ['extension of Time' 'working With Children Check' 'enabling Order' 'review of Administrative Decision']

Case Brief

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Procedural Posture

Application for Review and Extension of Time / Decision

Legal Issues

  1. 1 ['Whether time for filing a review application should be extended' 'Whether the applicant is a disqualified person under the Act' 'Prospects of success of review application and enabling order application']

Ratio Decidendi

The tribunal refused to extend time for filing the review application because the applicant had no prospects of success; however, extension of time to file an enabling order application was granted due to confusion, delay explanation, and potential injustice if additional time was not allowed.

Court Disposition

Time extension for review application refused; review application dismissed; extension of time for enabling order application granted.

Orders

  • ['The tribunal refuses to extend the time for filing of the review application filed out of time on 7 August 2014.' 'The review application is dismissed.' 'The applicant has leave to make an oral application for an extension of time to file and serve an application under section 28 of the Child Protection (Working...