Patrick v Australian Information Commissioner [2022] FCA 1123

Patrick v Australian Information Commissioner [2022] FCA 1123

It was appropriate to grant the respondent leave to amend the concise statement to raise a new ground and to grant extension of time for the notice of objection to competency, as the legal questions ought to be properly determined, any prejudice from late amendments may be remedied by adjournment and costs, and costs consequences could be reserved for later discretionary determination.

Parties
Applicant: Rex Patrick; Respondent: Australian Information Commissioner
Jurisdiction
Australia
Judgment Date
19 September 2022
Procedural Posture
Administrative Law Proceeding (judicial Review) / Interlocutory Application Determination; Applications to Amend, Extend Time, and Case Management Orders
Outcome
Interlocutory applications granted; hearing vacated and re-fixed; consequential orders as to amendment and filing timetable; costs reserved or awarded as specified.
Legal Topics
Leave to Amend Concise Statement, Extension of Time to File Notice of Objection to Competency, Unreasonable Delay in Administrative Decision, Separate Question Procedure, Costs Consequences for Late Objection to Competency
Administrative Law Practice and Procedure Leave to Amend Concise Statement Extension of Time to File Notice of Objection to Competency Unreasonable Delay in Administrative Decision Separate Question Procedure Costs Consequences for Late Objection to Competency

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Parties

Rex Patrick

Applicant

Australian Information Commissioner

Respondent

Procedural Posture

Administrative Law Proceeding (judicial Review) / Interlocutory Application Determination; Applications to Amend, Extend Time, and Case Management Orders

Legal Issues

  1. 1 Whether respondent should be granted leave to file an amended concise statement raising a new ground of objection
  2. 2 Whether extension of time for filing a notice of objection to competency should be granted
  3. 3 Consequences and principles governing late notice of objection to competency in judicial review proceedings

Ratio Decidendi

It was appropriate to grant the respondent leave to amend the concise statement to raise a new ground and to grant extension of time for the notice of objection to competency, as the legal questions ought to be properly determined, any prejudice from late amendments may be remedied by adjournment and costs, and costs consequences could be reserved for later discretionary determination.

Court Disposition

Interlocutory applications granted; hearing vacated and re-fixed; consequential orders as to amendment and filing timetable; costs reserved or awarded as specified.

Orders

  • Orders 7 and 8 of orders dated 28 March 2022 set aside.
  • Respondent granted leave to file and serve amended concise statement by 4:00 pm 20 September 2022.