Wickham v Victoria Legal Aid [2019] FCA 1503

Wickham v Victoria Legal Aid [2019] FCA 1503

The application for extension of time was refused because the applicant failed to establish sufficient merit in her proposed case for unlawful age discrimination and did not adequately explain the delay in filing, taking into account discretion factors under relevant case law.

Source-derived case information.

Parties
Applicant: Therese Wickham; Respondent: Victoria Legal Aid
Jurisdiction
Australia
Judgment Date
13 September 2019
Procedural Posture
Application for Extension of Time Under S 46 Po(2) of the Australian Human Rights Commission Act 1986 (cth) / Final Judgment
Outcome
Application for extension of time refused
Legal Topics
Extension of Time, Age Discrimination, Practice and Procedure
Administrative and Constitutional Law Human Rights Extension of Time Age Discrimination Practice and Procedure

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Parties

Therese Wickham

Applicant

Victoria Legal Aid

Respondent

Procedural Posture

Application for Extension of Time Under S 46 Po(2) of the Australian Human Rights Commission Act 1986 (cth) / Final Judgment

Legal Issues

  1. 1 Whether an extension of time should be granted for initiating proceedings under s 46PO(2) of the Australian Human Rights Commission Act 1986 (Cth)
  2. 2 Merits of the case for unlawful age discrimination
  3. 3 Explanation for delay in filing application

Ratio Decidendi

The application for extension of time was refused because the applicant failed to establish sufficient merit in her proposed case for unlawful age discrimination and did not adequately explain the delay in filing, taking into account discretion factors under relevant case law.

Court Disposition

Application for extension of time refused

Orders

  • The application for an extension of time under section 46PO(2) of the Australian Human Rights Commission Act 1986 (Cth) be refused.
  • Unless a party notifies the Court in writing by 4.00pm on 18 September 2019, indicating opposition to this order, there be no order as to costs.