Chalmers v Deakin University [1998] FCA 1187

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW – Complaint of unlawful termination heard by Judicial Registrar – Application to review decision of Judicial Registrar out of time – Extension of time refused by primary Judge – Whether primary Judge erred in refusing to exercise discretion to extend time. Industrial Relations Court Rules 1988 O 52 rr 2, 3, 4, 5, 33 Workplace Relations and Other Legislation Amendment Act 1996 Schedule 16, Item 67 Arnotts Ltd v Trade Practices Commission (1989) 24 FCR 313, applied Brodie-Hanns v MTV Publishing Ltd (1995) 67 IR 298, applied Coyne v Ansett Transport Industries, IRCA, Full Court, 24 Sept 1996, unreported, applied Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, applied Deighton v Telstra Corporation Ltd, Full Federal Court, 17 Oct 1997, unreported, referred Hall v Nominal Defendant (1967-68) 117 CLR 423, applied Hargreaves v National Safety Council of Australia (1997) 74 IR 19, applied Harrington v Lowe (1997) 190 CLR 311, applied Harris v Caladine (1991) 172 CLR 84, referred House v The King (1936) 55 CLR 499, applied Hunter Valley Developments Pty Ltd v Cullen (1984) 3 FCR 344, referred Jess v Scott (1986) 12 FCR 187, applied Keller v QBE (Investments) Ltd, IRCA, Gray J, 5 June 1995, unreported, referred Orr v Holmes (1948) 76 CLR 632, applied Sophron v Nominal Defendant (1956-57) 96 CLR 469, referred CHALMERS v DEAKIN UNIVERSITY No VG 492 of 1997 JUDGES: RYAN, OLNEY and NORTH JJ DATE: 23 SEPTEMBER 1998 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No.VG 492 of 1997

BETWEEN: ALAN CHALMERS

Appellant

AND: DEAKIN UNIVERSITY

Respondent

JUDGES: RYAN, OLNEY, AND NORTH JJ

DATE OF ORDER: #23 SEPTEMBER 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appellant be granted an extension of time within which to seek leave to appeal. 2. Leave to appeal be granted. 3. The appeal be allowed. 4. The decision appealed from be set aside and, in lieu thereof, the appellant be granted an extension of time within which to seek a review of the decision of Judicial Registrar Murphy. 5. The appellant's application for review be remitted for hearing by a single Judge. 6. The appellant's notice of motion be otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.