The Court refused an extension of time for judicial review where the originating motion was filed 1,254 days out of time, finding no special circumstances. The Court held that the plaintiff's conviction for sexual assault against a 16-year-old was always a Class 2 registrable offence under Schedule 2 of the Sex Offenders Registration Act 2004 (Vic) by force of the statute, and the County Court had not impermissibly 'upgraded' the charge. Self-representation, immigration detention, and language difficulties did not constitute special circumstances justifying the extreme delay, particularly where the plaintiff had demonstrated capacity to file numerous other proceedings within time.
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