Tran v Singh

[2019] FCA 70

Federal Court of Australia4 February 2019

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Interrogate

Catchwords

1. Practice and Procedure
2. › Abuse of Process
3. › Re-litigation of interlocutory applications
4. › Second application for extension of time on identical material
1. Practice and Procedure
2. › Issue Estoppel
3. › Interlocutory proceedings
4. › Whether dismissal of extension of time application on merits gives rise to issue estoppel
1. Practice and Procedure
2. › Appeals
3. › Competency of appeal
4. › Prohibition on appeal from determination of application for extension of time under s 24(1AA)(a) of the Federal Court of Australia Act 1976 (Cth)
1. Practice and Procedure
2. › Extension of Time
3. › Appeal from Administrative Appeals Tribunal
4. › Prospects of success of proposed appeal

Quick Take

Section 24(1AA)(a) of the Federal Court of Australia Act 1976 (Cth) absolutely prohibits appeals — whether with or without leave — from a single judge's determination of an application for extension of time to institute proceedings under s 20(3)(b), and a second identical application for extension of time to appeal from the AAT on the same material constitutes an abuse of process.