The Golden Rule

 
 

The Golden Rule is always to check the statute or regulation afresh each time to determine the time limit. There are so many quirky and illogical time limits in the law that they can never be committed to memory, furthermore things may change and a practitioner may not have picked up the change.

Here is one example of a quirky time limit bearing no relationship to a particular practice reason in the associated area of extradition. A 15 day time limit applies to an application for review to the Federal Court against an extradition decision of a magistrate or Federal Circuit Court judge. Fifteen days!

Section 21 of the Extradition Act 1988 (Cwth) states:

 The time limit to appeal to the Full Federal Court against a decision of a single justice of the Federal Court reviewing is 15 days.

Section 21(1) of the Extradition Act 1988 (Cwth) states:

  (1)  Where a magistrate or eligible Federal Circuit Court Judge makes an order under subsection 19(9) or (10) in relation to a person whose surrender is sought by an extradition country:

                     (a)  in the case of an order under subsection 19(9)--the person; or

                     (b)  in the case of an order under subsection 19(10)--the extradition country;

may, within 15 days after the day on which the magistrate or Judge makes the order, apply to the Federal Court for a review of the order.

At least there is some consistency with the appeal provision in s 21 (3) & (4) which read :

 (3)  The person or the extradition country, whether or not the person or country was the applicant for review under subsection (1), may appeal to the Full Court of the Federal Court from the order of the Federal Court.

             (4)  The person or the extradition country is not entitled to appeal to the Full Court more than 15 days after the day on which the order of the Federal Court is made.

This latter statutory time limit would override the Federal Court Rules which specify a 21 day time limit for appeals to the Full Federal Court.

In the law, there are traps for the unwary.

Barbara Davidson