Javier Francisco Gomez v The Queen [1982] FCA 324

Javier Francisco Gomez v The Queen [1982] FCA 324

The application for leave to file and serve a notice of appeal out of time must be made to the Court (meaning Full Court) in accordance with the special provisions of Order 52 rule 15(2), and not to a single judge. The proper course is not to dismiss the application but to direct it be listed before the Full Court...

Source-derived case information.

Parties
Applicant: Javier Francisco Gomez; Respondent: The Queen
Jurisdiction
Australia
Judgment Date
03 February 1982
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Sentence
Outcome
Application to be listed for hearing by the Court in accordance with the rules.
Legal Topics
Appeal Against Sentence, Extension of Time, Interpretation of Court Rules, Jurisdiction of Single Judge Versus Full Court
Criminal Law Procedure Appeal Against Sentence Extension of Time Interpretation of Court Rules Jurisdiction of Single Judge Versus Full Court

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Parties

Javier Francisco Gomez

Applicant

The Queen

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Against Sentence

Legal Issues

  1. 1 Whether application for leave to file and serve a notice of appeal out of time can be made to a single judge under s.25(2) of the Federal Court of Australia Act 1976 or must be made to the Full Court as defined in Order 52 of the rules.

Ratio Decidendi

The application for leave to file and serve a notice of appeal out of time must be made to the Court (meaning Full Court) in accordance with the special provisions of Order 52 rule 15(2), and not to a single judge. The proper course is not to dismiss the application but to direct it be listed before the Full Court as required by the rules.

Court Disposition

Application to be listed for hearing by the Court in accordance with the rules.

Orders

  • The application be listed for hearing by the Court in accordance with the rules.