Barnes v Northern Territory of Australia [2012] FCA 38

Barnes v Northern Territory of Australia [2012] FCA 38

The application for an extension of time was refused because the applicant failed to demonstrate any error on the part of the primary judge or any proper basis for extension. Neither his original nor proposed grounds of appeal revealed an appellable error, and continued extensions pending hypothetical legal advice were not justified.

Jurisdiction
Australia
Judgment Date
01 February 2012
Procedural Posture
Application / Application for Extension of Time to Appeal
Outcome
Application for extension of time refused and dismissed
Legal Topics
['extension of Time' 'appeals' 'native Title Overlap Claims' 'legal Representation']
['native Title Law' 'civil Procedure'] ['extension of Time' 'appeals' 'native Title Overlap Claims' 'legal Representation']

Case Brief

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Procedural Posture

Application / Application for Extension of Time to Appeal

Legal Issues

  1. 1 ['Whether an extension of time to file and serve notice of appeal should be granted' 'Whether the applicant has demonstrated arguable error in the primary decision on native title overlap']

Ratio Decidendi

The application for an extension of time was refused because the applicant failed to demonstrate any error on the part of the primary judge or any proper basis for extension. Neither his original nor proposed grounds of appeal revealed an appellable error, and continued extensions pending hypothetical legal advice were not justified.

Court Disposition

Application for extension of time refused and dismissed

Orders

  • ['The oral application for extension of time to file and serve an amended grounds of appeal and submissions is refused.' 'The application for extension of time to file and serve a notice of appeal is dismissed.' 'Orders suspended until publication of the reasons.']