Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dowling v Fairfax Media Publications Pty Ltd (formerly John Fairfax Publications Pty Ltd) [2008] FCA 1114
APPEAL – leave to appeal – leave to amend proceedings refused at first instance and proceedings dismissed – construction of statutory provisions – error of construction sufficiently arguable that leave to appeal should be granted.
Workplace Relations Act 1996 (Cth) s 793(1)(j), s 793(1)(k) Australian Meat Industry Employees' Union v Belandra Pty Limited [2003] FCA 910; 126 IR 165 Bucknell, Ex parte (1936) 56 CLR 221 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Dowling v John Fairfax Publications Pty Ltd [2007] FMCA 2104; 169 IR 201 Dowling v Kirk [2008] FCA 165; 171 IR 342 Dowling v John Fairfax Publications Pty Ltd (No 3) [2008] FMCA 845 Yap v Granich and Associates [2001] FCA 1735 SHANE DOWLING v FAIRFAX MEDIA PUBLICATIONS PTY LTD (FORMERLY JOHN FAIRFAX PUBLICATIONS PTY LTD)
NSD 1031 OF 2008
BUCHANAN J
29 JULY 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1031 OF 2008
BETWEEN: SHANE DOWLING
Applicant
AND: FAIRFAX MEDIA PUBLICATIONS PTY LTD (FORMERLY JOHN FAIRFAX PUBLICATIONS PTY LTD)
Respondent
JUDGE: BUCHANAN J
DATE OF ORDER: 29 JULY 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Leave is granted to appeal the decision and orders of the Federal Magistrates Court of Australia in Dowling v John Fairfax Publications Pty Ltd (No 3) [2008] FMCA 845 to the extent that the applicant was refused leave to amend his application before that Court to rely on s 793(1)(j) and (k) of the Workplace Relations Act 1996 (Cth) (Order 1) and to the extent that, as a consequence, his application before that Court was dismissed (Order 2). 2. The hearing of the appeal be expedited. 3. Costs of the application for leave to appeal are to be costs in the appeal.
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