The Court dismissed an application for an extension of time to seek leave to appeal (filed over ten years out of time) under r 35.33(1)(a)(i) of the Federal Court Rules 2011 for the applicant's non-appearance, where the applicant had confirmed she would not attend and provided no explanation despite being warned of the consequences. Fixed costs of $3,930 were awarded under s 43(3)(d) of the Federal Court of Australia Act 1976 without a supporting affidavit, the Court being satisfied the amount was reasonable as it fell well below the Schedule 3 short form amount, and the Court was disinclined to require further process given the applicant's lack of engagement.
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