DB v The Secretary, Department of Family and Community Services

Case [2016] HCASL 268

DB

v

THE SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES & ORS

[2016] HCASL 268
S131/2016

  1. This application requires an extension of time.  The application concerns a matter of practice and procedure which gives rise to no issue of principle suitable for resolution by this Court.  It would be futile to grant the extension.

  2. The application should be refused. 

  3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

S. J. Gageler
10 November 2016 		P. A. Keane
Details
AGLC
DB v The Secretary, Department of Family and Community Services [2016] HCASL 268
Case
[2016] HCASL 268
Decision Date

CaseChat Overview and Summary

DB brought an application for an extension of time in a matter before the Supreme Court of South Australia. The application was to be dismissed as it was considered futile to grant the extension. The case involved no issue of principle that warranted resolution by the High Court. The Secretary, Department of Family and Community Services was one of the respondents to the application.

The legal issue the court needed to decide was whether to grant the extension of time for the application, and if not, what the appropriate course of action would be. The application for an extension of time had no merit, and the court needed to consider whether it was appropriate to dismiss the application or not.

The court held that the application for an extension of time should be dismissed as it was futile to grant the extension. The court considered the matter of practice and procedure, and did not find any issue of principle that warranted resolution. The court directed the Registrar to draw up, sign and seal an order dismissing the application pursuant to r 41.08.1 of the High Court Rules 2004 (Cth). The court's reasoning was based on the futility of granting the extension, and the lack of any issue of principle that warranted resolution.

The final order of the court was to dismiss the application for an extension of time, and to direct the Registrar to draw up, sign and seal an order dismissing the application pursuant to r 41.08.1 of the High Court Rules 2004 (Cth).

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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