Catchwords:

PRACTICE AND PROCEDURE – application for leave to appeal against orders refusing an extension of time within which to commence proceedings – where judgment is a determination of an application to extend time within which to institute proceedings – application of s 20(3) and s 24(1AA)(a) of the Federal Court of Australia Act 1976 (Cth) – where s 24(1AA)(a) prohibits appeals against “a determination of an application of the kind mentioned in subsection 20(3)” – where the kinds of application in s 20(3) include an application for an extension of time – where Cement Australia Pty Ltd v Australian Competition and Consumer Commission [2010] FCAFC 101; 187 FCR 261 held that s 24(1AA)(a) “preclude[s] appeals from orders made by a single judge in matters in which the original jurisdiction of the Court is to be exercised by a Full Court” – whether compelling reason to depart from Cement Australia – held: s 24(1AA)(a) does not require that the determination have been made in a matter in which the original jurisdiction of the Court is to be exercised by a Full Court; it prohibits appeals against any determination of an application of the kinds listed in s 20(3)(a) to (d) – there is a compelling reason to depart from Cement Australia – appeal dismissed as incompetent