Whittaker v Child Support Registrar [2003] FCA 12

No prejudice or injustice arises from granting an extension of time given the circumstances; extension of time granted and draft notice of appeal accepted.

Jurisdiction: Australia
Judgment Date: 13 January 2003
Procedural Posture: Application for Extension of Time for Appeal / Interlocutory Order on Extension
Outcome: Extension of time to file notice of appeal granted; draft notice accepted as notice of appeal; no order as to costs.
Legal Topics: ['extension of Time' 'appeals' 'notice of Appeal' 'federal Court Rules']

['civil Procedure'] ['extension of Time' 'appeals' 'notice of Appeal' 'federal Court Rules']

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Procedural Posture

Application for Extension of Time for Appeal / Interlocutory Order on Extension

Legal Issues

1 ['Whether extension of time to file a notice of appeal should be granted after expiry of time limited by Federal Court Rules']

Ratio Decidendi

No prejudice or injustice arises from granting an extension of time given the circumstances; extension of time granted and draft notice of appeal accepted.

Court Disposition

Extension of time to file notice of appeal granted; draft notice accepted as notice of appeal; no order as to costs.

Orders

['Time within which to file a notice of appeal from the judgment of Dowsett J of 24 October 2002 extended until 4 December 2002.' 'Draft notice of appeal annexed to affidavit of Mark Alan Whittaker filed 4 December 2002 stands as the notice of appeal.' 'Appeal to be listed for mention at the callover in February...