Leach v Comcare [2020] FCA 1206

Leach v Comcare [2020] FCA 1206

Leave was granted to the respondent to file its notice of contention out of time because a reasonable explanation for the delay was provided, the proposed grounds in the notice of contention were meritorious, and no prejudice to the appellant was demonstrated.

Parties
Appellant: Craig Leach; Respondent: Comcare
Jurisdiction
Australia
Judgment Date
21 August 2020
Procedural Posture
Interlocutory Application / Leave to File Notice of Contention Out of Time
Outcome
Leave granted to file notice of contention out of time; costs in the cause.
Legal Topics
Extension of Time, Late Filing, Notice of Contention, Case Management, Costs
Practice and Procedure Administrative and Constitutional Law Human Rights Extension of Time Late Filing Notice of Contention Case Management Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Craig Leach

Appellant

Comcare

Respondent

Procedural Posture

Interlocutory Application / Leave to File Notice of Contention Out of Time

Legal Issues

  1. 1 Whether leave should be granted to file a notice of contention out of time
  2. 2 Reasonableness of delay in filing notice of contention
  3. 3 Merit of proposed grounds in notice of contention

Ratio Decidendi

Leave was granted to the respondent to file its notice of contention out of time because a reasonable explanation for the delay was provided, the proposed grounds in the notice of contention were meritorious, and no prejudice to the appellant was demonstrated.

Court Disposition

Leave granted to file notice of contention out of time; costs in the cause.

Orders

  • The respondent be granted an extension of time until 4.00 pm on 24 August 2020 to file a notice of contention.
  • Orders 4 and 6 of the Orders dated 7 July 2020 be vacated.