Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lennox v Amcor Limited trading as Amcor Cartonboard [2009] FCA 959
PRACTICE AND PROCEDURE – s24(1)(a) of the Federal Court of Australia Act 1976 (Cth) – application for leave to appeal from interlocutory decision of Federal Magistrate – late application to adjourn trial and vacate previous orders refused – non-compliance by both parties with pre-trial orders – advanced settlement negotiations of parties failed – parties not ready for trial – proceedings at an early stage – discovery not yet undertaken – respondent supports application – whether judgment attended by sufficient doubt to warrant being reconsidered – whether substantial injustice would result if leave refused – parties not given an opportunity to make submissions – possibility for the imposition of civil penalties – medical fitness of applicant a live issue requiring medical reports – numerous witnesses – no affidavits prepared – denial of natural justice Held: decision attended by sufficient doubt to warrant reconsideration – substantial injustice would result if leave to appeal refused – leave to appeal granted
Federal Court of Australia Act 1976 (Cth) s 24(1)(a)
Aon v Australian National University [2009] HCA 27 distinguished Décor Corporation Pty Ltd v Dart Industries (1991) 33 FCR 399 applied Telstra Corporation Ltd v AAPT Ltd (1997) 38 IPR 539 applied MARK JASON LENNOX v AMCOR LIMITED TRADING AS AMCOR CARTONBOARD ACN 000 017 372
QUD 209 of 2009 QUD 210 of 2009
COLLIER J
25 AUGUST 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
FAIR WORK DIVISION QUD 209 of 2009 QUD 210 of 2009
BETWEEN: MARK JASON LENNOX
Applicant
AND: AMCOR LIMITED TRADING AS AMCOR CARTONBOARD ACN 000 017 372
Respondent
JUDGE: COLLIER J
DATE OF ORDER: 25 AUGUST 2009
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