Peacock v Commonwealth of Australia [1999] FCA 861

FEDERAL COURT OF AUSTRALIA

Peacock v Commonwealth of Australia [1999] FCA 861 PRACTICE AND PROCEDURE – application for leave to file and serve notice of appeal out of time – written case under Federal Court Rules O 52 r 15(5) – proposed principal ground of appeal not raised by counsel for applicant before primary judge – prospects of success of argument on appeal – significant delay in initiating appeal – whether "special reasons" for granting leave WORDS AND PHRASES – "special reasons" Industrial Relations Act 1988 (Cth) ss 3(g), 121, 170DF, 170EA, 170EE Public Service Act 1922 (Cth) s 76V Workplace Relations Act 1996 (Cth) s 347 Federal Court Rules O 52 r 15 Australian Public Service General Employment Conditions Award 1995 (Cth) pars 6.2.2, 9.1, 9.2 Australian Liquor, Hospitality and Miscellaneous Worker's Union v Commonwealth of Australia (1994) 55 IR 18 cited Griffin v Australian Postal Corporation (1998) 155 ALR 369 cited Jess v Scott (1986) 12 FCR 187 applied Gallo v Dawson (1990) 93 ALR 479 referred to Kalaba v The Queen (Federal Court of Australia, Finn J, 13 September 1996, unreported) cited Kartinyeri v Commonwealth of Australia (1998) 152 ALR 540 cited Qantas Airways Ltd v Christie (1998) 193 CLR 280 cited

MORTIMER JOHN PEACOCK v COMMONWEALTH OF AUSTRALIA

N 292 OF 1999 LEHANE J 28 JUNE 1999

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 292 OF 1999

BETWEEN: MORTIMER JOHN PEACOCK

Applicant

AND: COMMONWEALTH OF AUSTRALIA

Respondent

JUDGE: LEHANE J

DATE OF ORDER: 28 JUNE 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 292 OF 1999