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: