Schultz, Lancelot Franklin v Beldon, Edmund Michael & Ors [1983] FCA 328

Schultz, Lancelot Franklin v Beldon, Edmund Michael & Ors [1983] FCA 328

In the particular circumstances of this case, including the applicant's reasonable reliance on union advice and a short delay for financial assistance, the extension of time is warranted despite general principles disfavoring delays for legal aid reasons.

Parties
Applicant: Lancelot Franklin Schultz; First Respondent: Edmund Michael Belden; First Respondent: Tan Hamish Gammage; First Respondent: John Stewart Fraser Bowan; Second Respondent: Ian Stanley Lincoln; Third Respondent: Robert William Cole; Third Respondent: Robert John Young; Third Respondent: John Vincent Monaghan
Jurisdiction
Australia
Judgment Date
10 November 1983
Procedural Posture
Judicial Review / Application for Extension of Time
Outcome
Extension of time granted
Legal Topics
Judicial Review, Extension of Time, Promotion Appeals, Public Service Employment Procedures
Administrative Law Judicial Review Extension of Time Promotion Appeals Public Service Employment Procedures

Case Brief

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Parties

Lancelot Franklin Schultz

Applicant

Edmund Michael Belden

First Respondent

Tan Hamish Gammage

First Respondent

John Stewart Fraser Bowan

First Respondent

Ian Stanley Lincoln

Second Respondent

Robert William Cole

Third Respondent

Robert John Young

Third Respondent

John Vincent Monaghan

Third Respondent

Procedural Posture

Judicial Review / Application for Extension of Time

Legal Issues

  1. 1 Whether an extension of time should be granted for lodging an application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 in respect of a decision by a Promotions Appeal Committee, given a delay of 22 days.

Ratio Decidendi

In the particular circumstances of this case, including the applicant's reasonable reliance on union advice and a short delay for financial assistance, the extension of time is warranted despite general principles disfavoring delays for legal aid reasons.

Court Disposition

Extension of time granted

Orders

  • The time within which to lodge the application for an order of review be extended up to and including 6 September 1983.