Federal Court of Australia
CATCHWORDS
Federal Court of Australia - Jurisdiction - ' Transitional provisions - Things done in proceedings in Australian Industrial Court deemed to have been done in Federal Ccuurt ~ Whether right of appeal to Full Court of Federal Court from single Judge of Industrial Court - Appeal out of time - Whether special leave to appeal or order to vary time for appesl should be granted — Considerations when matter is interlocutory - Federal Court of Australia
(Consequential Provisions) Act 1976, s.4.
L. Grollo & Co. Pty. Limited v. Theo Hammond & Ors. VG No. 44 of 1977
Before Bowen, C.J., Nimmo and Keely JJ.
Melbourne 14th June, 1977
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) VG No. 44 of 1977 ) )
GENERAL DIVISION CORAM: BOWEN C.d., NIMMO and KEELY JJ.
14 JUNE 1977
L. GROLLO & CO. PTY. LTD. v. THEO HAMMOND and IGOR _OSIDACZ and THEO HAMMOND & PARTNERS and THE ROYAL AUSTRALIAN INSTITUTE OR ARCHITECTS
JUDGMENT OF THE COURT
This is a motion by L. Grollo & Co. Pty. Ltd., the applicant, agaznst Theo Hammond and Igor Osidacz and Theo Hammond & Partners and The Royal Australian Institute of Architects, respondents, seeking an order for leave to appeal out of time against the orders and directions of Smithers J. made and given on lst November 1976 in the Australian Industrial Court. The orders and directions of the lst November 1976 were made and given in proceedings commenced in the Australian Industrial Court by a writ with a statement of claim endorsed issued on 23rd July 1976. on 1st November 1976 Smithers J., in exercise of the powers conferred by Order 35 Rule 2 of the High Court Rules, rendered applicable by the Conciliation and Arbitration Regulations, decided that certain questions of law be tried before any question or issue ct fact was determined,
and he settled the form of the questiors and proceeded to give
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