Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kennedy v Secretary, Department of Industry (No 3) [2016] FCAFC 149 Appeal from: Kennedy v Secretary, Department of Industry [2015] FCA 714 Kennedy v Secretary, Department of Industry (No 2) [2015] FCA 884
File number: ACD 81 of 2015
Judges: FLICK, JAGOT AND BROMWICH JJ
Date of judgment: 1 November 2016
Catchwords: INDUSTRIAL LAW – appeal from dismissal of application under s 39B of the Judiciary Act 1903 (Cth) – where applicant claims primary judge erred in finding that Full Bench of the Fair Work Commission committed no jurisdictional errors in refusal to allow appeal – no error established INDUSTRIAL LAW – duty of the court to unrepresented litigants – application for adjournment – no basis for adjournment in the absence of sufficient evidence – adequate opportunity to be heard
Legislation: Evidence Act 1995 (Cth) Fair Work Act 2009 (Cth), ss 394, 394(3), 400, 400(1), 581A, 604, 618, 618(2) Federal Court of Australia Act 1976 (Cth), s 17(1) Federal Court Rules 2011 (Cth), r 1.32 Judiciary Act 1903 (Cth), s 39B
Cases cited: AHB v NSW Trustee and Guardian [2014] NSWCA 40 Coal & Allied Operations Pty Limited v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194 Ex parte Hebburn Limited; Re Kearsley Shire Council (1947) 47 SR (NSW) 416 Grassby v The Queen [1989] HCA 45; (1989) 168 CLR 1 Hamilton v Oades [1989] HCA 21; (1989) 166 CLR 486 Kennedy v Commonwealth of Australia as represented by the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education [2013] FWC 9932 Kennedy v Commonwealth of Australia as represented by the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education [2014] FWCFB 3530 Kennedy v Commonwealth of Australia Department of Industry, Innovation, Science & Tertiary Education [2013] FWC 6014 Kennedy v Secretary, Department of Industry [2015] FCA 714 Kennedy v Secretary, Department of Industry (No 2) [2015] FCA 884 Kennedy v Secretary, Department of Industry [2016] FCA 485 Kennedy v Secretary, Department of Industry (No 2) [2016] FCA 746 Kennedy v Secretary, Department of Industry [2016] FCA 1251 Luck v Chief Executive Officer of Centrelink [2015] FCAFC 75 Minister for Immigration and Citizenship v Li [2013] HCA 18; (2013) 249 CLR 332 Public Service Association of South Australia v Federated Clerks' Union of Australia, South Australian Branch [1991] HCA 33; (1991) 173 CLR 132 Rinehart v Welker [2011] NSWCA 403 Toms v Harbour City Ferries Pty Ltd [2015] FCAFC 35; (2015) 229 FCR 537
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