Nugawela v Australian Health Practitioner Agency

[2023] WASCA 37

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeal
3. › Court of Appeal
4. › Filing requirements
5. › Registrar's power to reject non-compliant documents
6. › Review of registrar's decision
7. › Whether document purporting to be appellant's case complied with Rules
8. › Supreme Court (Court of Appeal) Rules 2005 (WA), pt 2 div 4 r 10(1), pt 2 div 5 r 15(1A), r 16, pt 5 div 2 r 32
1. Practice and Procedure
2. › Appeal
3. › Court of Appeal
4. › Springing orders
5. › Consequence of failure to file compliant appellant's case within time
6. › Whether registrar obliged to give further opportunity to rectify non-compliance

Quick Take

A registrar's decision to reject a non-compliant appellant's case for filing will be upheld on review where the document fails to comply with the Rules in substance, and there is no obligation on the registrar to provide a further opportunity to rectify deficiencies before a springing order takes effect.