Raczka v Department of Housing and Works

[2008] WASCA 76

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Appeal
2. › Extension of time to appeal
3. › Considerations relevant to grant of extension
4. › Whether arguable case on appeal
5. › Whether reasonable prospect of success
6. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 26
1. Practice and Procedure
2. › Self-represented litigants
3. › Failure to prove case to required standard
4. › No duty on court or opposing party to prove case for litigant

Quick Take

Where the only real issue on an application for extension of time to appeal is the merit of the grounds, the court will approach the matter as an inquiry into whether there is any reasonable prospect of success. Unsubstantiated allegations of judicial bias that cannot be supported by the transcript will not sustain an arguable ground of appeal.