Section 79 of the Judiciary Act 1903 (Cth) picks up applicable State laws — both substantive and procedural — as surrogate federal law in federal courts exercising federal jurisdiction. The suggestion in Woodlands v Permanent Trustee Company Ltd (1996) 68 FCR 213 that s 79 is limited to procedural laws is disapproved. Section 57 of the Legal Aid Commission Act 1979 (NSW), which requires adjournment where a bona fide legal aid appeal is pending, applies in the Federal Court by force of s 79. However, even where a primary judge errs in failing to apply s 57, an extension of time to appeal will be refused where there is no satisfactory explanation for delay and no prospects of success on the substantive appeal.
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