Recent Cases

Quach v RU [2024] FCAFC 32 (12 March 2024) (Perry, Meagher and Shariff JJ)


Catchwords:


PRACTICE AND PROCEDURE – where respondent in proceeding below raised Constitutional issue as to whether there was a justiciable “matter” for the purposes of Chapter III of the Constitution – notice in accordance with s 78B of the Judiciary Act 1903 (Cth) issued in proceeding below but not on appeal – submission that there was live controversy between the parties with respect to the subject matter of the alleged dispute was untenable – present application does not involve a matter arising under the Constitution or involving its interpretation for the purposes of s 78B

PRACTICE AND PROCEDURE – whether primary judgment dismissing the application on the basis the Court does not have jurisdiction was interlocutory or final –judgment final in nature and leave to appeal under s 24(1A) of the Federal Court of Australia Act 1976 (Cth) therefore not required

PRACTICE AND PROCEDURE – application for an extension of time – where any appeal would have insufficient prospects of success – application dismissed with costs