Maiocchi v Royal Australian & New Zealand College of Psychiatrists (No 3) [2015] FCA 200

Maiocchi v Royal Australian & New Zealand College of Psychiatrists (No 3) [2015] FCA 200

There is no prospect that the applicant could obtain leave to appeal against prior interlocutory orders; thus, an extension of time would be futile and is refused, and no directions hearing is necessary for that purpose.

Parties
Applicant: Dr Licia Maiocchi; First Respondent: Royal Australian & New Zealand College of Psychiatrists; Fifth Respondent: Dr Craig Wilson; Sixth Respondent: Dr Stephen Jurd; Seventh Respondent: State of New South Wales - Northern Sydney Local Health District
Jurisdiction
Australia
Judgment Date
11 March 2015
Procedural Posture
Civil / Interlocutory Application for Extension of Time and Directions Hearing Prior to Trial
Outcome
Application for extension of time refused; request for directions hearing denied.
Legal Topics
Extension of Time, Leave to Appeal, Interlocutory Orders, Practice and Procedure
Civil Procedure Extension of Time Leave to Appeal Interlocutory Orders Practice and Procedure

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Parties

Dr Licia Maiocchi

Applicant

Royal Australian & New Zealand College of Psychiatrists

First Respondent

Dr Craig Wilson

Fifth Respondent

Dr Stephen Jurd

Sixth Respondent

State of New South Wales - Northern Sydney Local Health District

Seventh Respondent

Procedural Posture

Civil / Interlocutory Application for Extension of Time and Directions Hearing Prior to Trial

Legal Issues

  1. 1 Whether extension of time should be granted for the applicant to seek leave to appeal interlocutory orders
  2. 2 Whether a directions hearing should be listed for purpose of applying for leave to appeal

Ratio Decidendi

There is no prospect that the applicant could obtain leave to appeal against prior interlocutory orders; thus, an extension of time would be futile and is refused, and no directions hearing is necessary for that purpose.

Court Disposition

Application for extension of time refused; request for directions hearing denied.

Orders

  • An extension of time in which to seek leave to appeal from orders made in the proceedings by Nicholas J be refused.
  • The applicant's request for a directions hearing to apply for leave to appeal against such orders be denied.