Dunkerley v Comcare [2015] FCA 1519

Dunkerley v Comcare [2015] FCA 1519

Because Flick J's order dismissing the appeal had been entered on 8 October 2015, the Court was functus officio and had no power to reopen the entered order or grant the extension of time and leave sought. No basis existed for correction under r 39.05 or the slip rule, and in any event Ms Dunkerley had not identified any error in Flick J's exercise of discretion or any merit in the proposed appeal; the application was therefore incompetent and without substance.

Jurisdiction
Australia
Judgment Date
15 December 2015
Procedural Posture
Application for Extension of Time and Leave to Appeal / Single Judge Determination of Application After Earlier Appeal Dismissed
Outcome
The application was dismissed as incompetent, with costs.
Legal Topics
['extension of Time and Leave to Appeal' 'finality of Entered Orders' 'functus Officio' 'slip Rule' 'failure to Comply With Court Directions' 'appeal Books']
['practice and Procedure' 'administrative Law'] ['extension of Time and Leave to Appeal' 'finality of Entered Orders' 'functus Officio' 'slip Rule' 'failure to Comply With Court Directions' 'appeal Books']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Extension of Time and Leave to Appeal / Single Judge Determination of Application After Earlier Appeal Dismissed

Legal Issues

  1. 1 ["Whether the Court had power to grant an extension of time and leave to appeal against Flick J's entered order dismissing the appeal." 'Whether the entered order could be varied or set aside under s 25(2B)(bc) of the Federal Court of Australia Act 1976 (Cth).' 'Whether r 39.05 or the slip rule provided any basis to correct or reopen the perfected order.' "Whether the applicant identified any error in Flick J's discretionary decision or any merit in the proposed appeal."]

Ratio Decidendi

Because Flick J's order dismissing the appeal had been entered on 8 October 2015, the Court was functus officio and had no power to reopen the entered order or grant the extension of time and leave sought. No basis existed for correction under r 39.05 or the slip rule, and in any event Ms Dunkerley had not identified any error in Flick J's exercise of discretion or any merit in the proposed appeal; the application was therefore incompetent and without substance.

Court Disposition

The application was dismissed as incompetent, with costs.

Orders

  • ['The application be dismissed with costs.']