Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
O'Hara v State of Victoria (Department of Education and Training) [2006] FCA 420
INDUSTRIAL LAW – employment – termination – discrimination – proceeding not commenced within statutory time limit – whether time should be extended – effect of long delay not explained satisfactorily – relevance of prospect of success on issues on which respondent would carry onus of proof – relevance of relief being limited to small amount of money – relevance of absence of prejudice to respondent
Workplace Relations Act 1996 (Cth) ss 170CE, 170CF, 170CFA, 170CK, 170CM, 170CP, 347 Jennings v Salvation Army [2003] FCA 1193 (2003) 128 IR 366 followed Roger Coyne v Ansett Transport Industries (unreported, Industrial Relations Court of Australia, Wilcox CJ, Ryan and Madgwick JJ, 24 September 1996) followed Re Commonwealth of Australia; Ex parte Marks [2000] HCA 67 (2000) 177 ALR 491 considered
MICHAEL JOHN O'HARA v STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND TRAINING)
VID 1578 of 2005
GRAY J 20 MARCH 2006 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1578 of 2005
BETWEEN: MICHAEL JOHN O'HARA
APPLICANT
AND: STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND TRAINING)
RESPONDENT
JUDGE: GRAY J
DATE OF ORDER: 20 MARCH 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application for an extension of time in which to commence the proceeding be dismissed. 2. The application filed on 6 December 2005 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
VICTORIA DISTRICT REGISTRY VID 1578 of 2005
BETWEEN: MICHAEL JOHN O'HARA
APPLICANT
AND: STATE OF VICTORIA (DEPARTMENT OF EDUCATION AND TRAINING)
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