Application for an extension of time (Form 67)

Several Federal Court Rules 2011 require a person who has missed a time limit to apply for an extension in accordance with Form 67. They are rule 31.02 (an application for review under the Administrative Decisions (Judicial Review) Act 1977), rule 31.23 (review of a migration decision under s 477A(2) of the Migration Act 1958), rule 33.13 (an appeal under s 174 of the Administrative Review Tribunal Act 2024), rule 34.25 (an intellectual property appeal), rule 36.05 (a notice of appeal) and rule 36.23 (a notice of cross-appeal). A notice of appeal is normally due within 28 days after the judgment or order (r 36.03) and a notice of cross-appeal within 21 days after service of the notice of appeal (r 36.22).

When you need it

• You missed the 28-day time to file a notice of appeal to the Federal Court (rr 36.03, 36.05). The application can be made during or after that period.
• You are a respondent who missed the 21 days to cross-appeal (rr 36.22, 36.23).
• You need more time to apply for judicial review under the ADJR Act or of a migration decision, or to start an appeal from the Administrative Review Tribunal (rr 31.02, 31.23, 33.13).
• Not for an extension of time to seek leave to appeal. Use Form 118 (r 35.14).

1. 1

   Heading

   Complete the District Registry, Division and parties, adapting the heading as required.

2. 2

   Hearing details

   Leave the time, date and place blank for the Registry.

3. 3

   Choose the rule

   Keep the one option that applies (rule 31.02, 31.23, 33.13, 34.25, 36.05 or 36.23) and delete the others.

4. 4

   Grounds and accompanying documents

   The grounds go in the affidavit. List the draft application or notice and other documents that accompany the application.

5. 5

   Service, signature and migration certificate

   Choose the service option, date and sign. In migration litigation, a lawyer must complete the certificate under section 486I of the Migration Act 1958; delete it otherwise.

• File with an affidavit stating briefly but specifically the facts relied on and why the document was not filed in time and, for rule 34.25, the nature of the appeal and the questions involved.
• Attach the relevant draft: an application under rule 31.01, an originating application under rule 31.22, or a notice of appeal or cross-appeal complying with rule 33.12, 34.24, 36.01 or 36.21.
• For rule 33.13 attach the decision and published reasons; for rule 36.05 attach the judgment or orders and published reasons.
• File through eLodgment. For an IP appeal, serve the application on the Commissioner and each interested person at least 14 days before the directions hearing (r 34.25(4)). A filing fee may apply; check the fee schedule.

• Explain the whole period of delay, not just part of it, with supporting dates.
• Make the draft notice of appeal complete. The Court looks at it to assess the proposed grounds.
• An application under rule 36.05 is usually heard by a single Judge (r 36.05, Note).