Appeals: time extension & grounds not raised below

Federal Court (Full Court). This decision summarises the legal tests used by the Federal Court to determine whether: to grant an extension of time within which an appeal is to be filed; to allow a party to raise a new ground of alleged error on the part of an administrative decision-maker that was not agitated before a primary judge.

The questions to the Full Court of the Federal Court (FCAFC) were as follows:

Question 1: In summary, what is the legal test used by the Federal Court (FCA) to determine whether to grant an extension of time within which an appeal to the FCA is to be filed?

Question 2: In summary, what is the legal test used by the FCA to determine whether to allow a party to raise a new ground of alleged error on the part of an administrative decision-maker that was not agitated before the primary judge?

The FCAFC answered those questions as follows:

The remainder of this article is only available to Case Law and Platinum subscribers.

Read our Terms & Conditions and upgrade below:

Monthly Subscriptions

Premium
Basic Content
Premium Content
-
-
$ 29 /month
Subscribe
Case Law
Basic Content
-
Case Law Content
-
$ 49 / month
Subscribe
Platinum
Basic Content
Premium Content
Case Law Content
Save $ 9 / month
$ 69 / month
Subscribe

Annual Subscriptions

Premium
Basic Content
Premium Content
-
Save $ 49 / year
$ 299 / year
Subscribe
Case Law
Basic Content
-
Case Law Content
Save $ 89 / year
$ 499 / year
Subscribe
Platinum
Basic Content
Premium Content
Case Law Content
Save $ 237 / year
$ 699 / year
Subscribe

 

Where GST applies, the above amounts are inclusive of GST.

Content Types

Basic Content includes basic news, some media articles and selected announcements.

Premium Content includes all our content, except for Case Law Content. In other words, it includes Basic Content, plus all our articles on legislative and policy changes, industry updates and the Migration Legislation Tracker.

Case Law Content includes Basic Content, plus case law summaries, analysis and extract, but does not include Premium Content.

Platinum Content includes Basic Content, plus Premium Content, plus Case Law Content. In other words, it includes ALL our content.

If you already have a Case Law or Platinum subscription, click on 'Login' below.