Clement v Comcare [2008] FCA 1780

Clement v Comcare [2008] FCA 1780

The orders from which the applicant sought to appeal were interlocutory, leave was required, and the applications for leave were out of time. Having reviewed Emmett J's reasons, the Court was satisfied that his Honour's orders were entirely appropriate and that appeals from them would have no prospect of success. The applications for extension of time and leave to appeal were therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
01 December 2008
Procedural Posture
Application for Extension of Time and for Leave to Appeal From Interlocutory Orders / Federal Court Determination of Applications for Extension of Time and Leave to Appeal
Outcome
Applications dismissed with costs.
Legal Topics
['leave to Appeal From Interlocutory Orders' 'extension of Time' 'judicial Review Under the Administrative Decisions (judicial Review) Act 1977 (cth)' 'adequate Alternative Review in the Administrative Appeals Tribunal' 'no Reasonable Prospects of Success']
['administrative Law' 'workers Compensation' 'federal Court Procedure'] ['leave to Appeal From Interlocutory Orders' 'extension of Time' 'judicial Review Under the Administrative Decisions (judicial Review) Act 1977 (cth)' 'adequate Alternative Review in the Administrative Appeals Tribunal' 'no Reasonable Prospects of Success']

Case Brief

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Procedural Posture

Application for Extension of Time and for Leave to Appeal From Interlocutory Orders / Federal Court Determination of Applications for Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ["Whether the applicant required leave to appeal because Emmett J's orders were interlocutory." 'Whether the applicant required an extension of time to seek leave to appeal.' 'Whether the proposed appeals had any prospect of success.' 'Whether relief under the Administrative Decisions (Judicial Review) Act 1977 (Cth) was appropriately refused because adequate alternative review was available.']

Ratio Decidendi

The orders from which the applicant sought to appeal were interlocutory, leave was required, and the applications for leave were out of time. Having reviewed Emmett J's reasons, the Court was satisfied that his Honour's orders were entirely appropriate and that appeals from them would have no prospect of success. The applications for extension of time and leave to appeal were therefore dismissed with costs.

Court Disposition

Applications dismissed with costs.

Orders

  • ['In ACD 4 of 2008, the application be dismissed with costs.' 'In ACD 5 of 2008, the application be dismissed with costs.']