Language – Extant

The Macquarie Dictionary (4th ed) says:

Adj. 1. In existence, still existing; not destroyed or lost.

2. Archaic standing out; protruding. [Latin ex(s)tans, present participle, standing out]

The Cambridge Dictionary says:

Adj. something very old that is still existing

In Giannarelli v Wraith [1988] HCA 52; (1988) 165 CLR 543 (13 October 1988), Wilson J said:

21 It bears repeating that, even in the nineteenth century, the seeds of the barrister’s immunity from suit had been sown not only in the absence of a contract between barrister and client and the related inability of the barrister to sue the client to recover fees, but also in public policy grounds. Those policy grounds were extant in 1891. They were recognized in cases shortly before 1891, such as Swinfen and Batchelor, and there is no logical reason why, in 1891, they were not relevant to the in-court activities of a solicitor acting as an advocate.

In DU v Jackson (DCJ) [2024] QCA 122 (21 June 2024), the Court of Appeal (comprising Bond and Dalton JJA and Williams J) said:

[36] In the matter of De Innocentis v Brisbane City Council[20]the Full Court considered r 765(2) and the meaning of the words “a final decision in a proceeding”. In that case, a decision had been made in the trial division of the Supreme Court refusing to join a party to an extant proceeding because the joinder application was outside the time limited by the Limitations Act (r 69(1)(b)(i) of the UCPR). The same question arose as arises in this case, whether the appeal was an appeal stricto sensu,or by way of rehearing. Chesterman J said:

“[32] Rule 765 provides that:

‘(1) An appeal to the Court of Appeal under this chapter is an appeal by way of rehearing.

(2) However, an appeal from a decision, other than a final decision in a proceeding, or about the amount of damages or compensation awarded by a court is brought by way of an appeal.

(3) …’