Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Fair Work Ombudsman v Toyota Material Handling (NSW) Pty Limited [2012] FCA 347 Citation: Fair Work Ombudsman v Toyota Material Handling (NSW) Pty Limited [2012] FCA 347
Appeal from: Application for leave to appeal: Fair Work Ombudsman v Toyota Material Handling (NSW) Pty Ltd [2012] FMCA 122
Parties: FAIR WORK OMBUDSMAN v TOYOTA MATERIAL HANDLING (NSW) PTY LIMITED (ACN 105 011 309)
File number: NSD 406 of 2012
Judge: KATZMANN J
Date of judgment: 4 April 2012
Catchwords: PRACTICE AND PROCEDURE – Application for leave to appeal from Federal Magistrates Court judgment – federal magistrate summarily dismissed applicant's claim for pecuniary penalties as being statute-barred – whether application for leave to appeal and, if leave granted, the appeal should be heard and determined by a Full Court – relevant principles
Legislation: Federal Court of Australia Act 1976 (Cth) ss 25(1AA), 25(2)(e), 33(4), 33(4B)(a), 37M Judiciary Act 1903 (Cth) s 79(1) Limitation Act 1969 (NSW) s 18 Workplace Relations Act 1996 (Cth)
Cases cited: Allphones Retail Pty Ltd v Weimann [2009] FCA 849 Ardeshirian v Robe River Iron Associates (1993) 43 FCR 475 Australian Equity Investors, an Arizona Limited Partnership v Colliers International (NSW) Pty Ltd [2011] FCA 1198 Davis v Insolvency and Trustee Service Australia [2010] FCA 518 Deputy Commissioner of Taxation of the Commonwealth of Australia v DTR Securities Pty Ltd (1988) 165 CLR 55 DTR Securities Pty Ltd v Deputy Commissioner of Taxation (1987) 8 NSWLR 204 Edwards v Santos Ltd [2010] FCA 34 Inspector-General in Bankruptcy v Bradshaw (2005) 144 FCR 64 John Robertson & Co Ltd (in liq) v Ferguson Transformers Pty Ltd (1973) 129 CLR 65 Laing v Victoria (2005) 144 FCR 462 Optiver Australia Pty Ltd v Tibra Trading Pty Ltd [2008] FCA 47 Oswal v Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) [2011] FCA 536 Qantas Airways Ltd v Gama (2008) 167 FCR 537 SZFSV v Minister for Immigration and Citizenship [2007] FCA 1860 SZKJI v Minister for Immigration and Citizenship [2008] FCA 1193 SZKNX v Minister for Immigration and Citizenship [2008] FCA 67 TS Production LLC v Drew Pictures Pty Ltd [2008] FCA 1329 Graeme Hill and Andrew Beech SC, "'Picking up' State and Territory laws under s 79 of the Judiciary Act – three questions" (2005) 27 Aust Bar Rev 25
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