Jennings v Salvation Army [2003] FCA 1193

FEDERAL COURT OF AUSTRALIA

Jennings v Salvation Army [2003] FCA 1193

INDUSTRIAL LAW – termination of employment – application for extension of time – Workplace Relations Act 1996 (Cth) s170CP – principles relevant to exercise of discretion –relevance of consideration of merit of substantive proceeding based on material before the Court Workplace Relations Act 1996 (Cth) ss 170CE, 170CF, 170CFA, 170CK, 170CP, 170CR Workplace Relations Regulations, Reg 30C Brodie-Hanns v MTV Publishing Limited (1995) 67 IR 298, followed

Roger Coyne v Ansett Transport Industries (Industrial Relations Court of Australia, unreported 24 September 1996, Decision No 449 of 1996, per Wilcox CJ, Ryan and Madgwick JJ), followed

Commonwealth Bank of Australia v Finance Sector Union of Australia (2002) 190 ALR 497; [2002] FCAFC 193, referred to

Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, followed

Haining v Drake (1998) 87 FCR 248, applied

Duff v Freijah (1982) 62 FLR 280, followed

Wolcott v Davis (1984) 4 FCR 124, followed

Roger Coyne v Ansett Transport Industries (Operations) Pty Ltd (Industrial Relations Court of Australia, unreported 9 May 1996, Decision No 201 of 1996 per Marshall J), followed

Lucic v Nolan (1982) 45 ALR 411, followed

TREVOR JOHN JENNINGS v SALVATION ARMY (VICTORIA) PROPERTY TRUST INCORPORATED V425 OF 2003 MARSHALL J 24 OCTOBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V425 OF 2003

BETWEEN: TREVOR JOHN JENNINGS

APPLICANT

AND: SALVATION ARMY (VICTORIA) PROPERTY TRUST INCORPORATED

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 24 OCTOBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicant's motion dated 22 July 2003 be dismissed.

2. The purported application under s170CP of the Workplace Relations Act 1996 (Cth) ("the Act"), be dismissed as incompetent in the absence of an extension of time being granted under s170CP(6) of the Act.