Queensland Marine and General Insurance Management Pty Ltd v Fair Work Ombudsman [2011] FCA 852

FEDERAL COURT OF AUSTRALIA

Queensland Marine and General Insurance Management Pty Ltd v Fair Work Ombudsman [2011] FCA 852 Citation: Queensland Marine and General Insurance Management Pty Ltd v Fair Work Ombudsman [2011] FCA 852

Appeal from: Application for extension of time: Workplace Ombudsman v QMGIM Pty Ltd & Ors [2010] FMCA 64 Application for extension of time: Workplace Ombudsman v Qld Marine Pty Ltd & Ors [2010] FMCA 441 Application for extension of time: Workplace Ombudsman v QMGIM Pty Ltd & Ors [2011] FMCA 261

Parties: QUEENSLAND MARINE AND GENERAL INSURANCE MANAGEMENT PTY LTD ACN 010 887 644, PETER RALPH MARTINUZZI and QUEENSLAND MARINE AND GENERAL INSURANCE BROKERS PTY LTD v FAIR WORK OMBUDSMAN

File number: QUD 83 of 2011

Judge: LOGAN J

Date of judgment: 25 July 2011

Catchwords: PRACTICE AND PROCEDURE – leave to file and serve a notice of appeal out of time – whether special reasons shown by applicants – where applicant's solicitor filed a notice of appeal within time but it was rejected by the registry – where notice of appeal was in respect of a judgment of February 2010, an interlocutory judgment of 21 July 2010 on a matter of procedure and a final judgment of 15 March 2011 – no leave required to include in appeal against final judgment a ground challenging the earlier procedural order – special reasons shown by applicants – extension of time within which to appeal, where necessary, granted

Legislation: Fair Work Act 2009 (Cth) Workplace Relations Act 1996 (Cth)

Cases cited: Crowley v Glissan (1905) 2 CLR 402 followed Jess v Scott (1986) 12 FCR 187 followed Perry v Comcare [2006] FCA 481 considered Workplace Ombudsman v Queensland Marine and General Insurance Management Pty Ltd and Ors (2010) 245 FLR 369 cited