Taj v Western Health [2013] FCA 1226

FEDERAL COURT OF AUSTRALIA

Taj v Western Health [2013] FCA 1226 Citation: Taj v Western Health [2013] FCA 1226

Parties: DR SALAHUDDIN TAJ v WESTERN HEALTH and ST JOHN OF GOD HEALTH CARE INC

File number: VID 1031 of 2013

Judge: BROMBERG J

Date of judgment: 23 October 2013

Catchwords: INDUSTRIAL LAW – application for extension of time to commence proceeding – general protections court application – considerations for extending time under s 371(2) of the Fair Work Act 2009 (Cth) – whether applicant has provided acceptable explanation for the delay – extension of time granted.

Legislation: Fair Work Act 2009 (Cth) ss 340, 351, 352, 369, 371(2)

Cases cited: Brodie-Hanns v MTV Publishing Ltd (1995) 67 IR 298

Date of hearing: 23 October 2013

Place: Melbourne

Division: FAIR WORK DIVISION

Category: Catchwords

Number of paragraphs: 9

Solicitor for the Applicant: Ms P LaGreca of Taylor & Preston Lawyers

Counsel for the First Respondent: Mr JRM Tracey

Solicitor for the First Respondent: TressCox Lawyers

Counsel for the Second Respondent: The second respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 1031 of 2013

BETWEEN: DR SALAHUDDIN TAJ

Applicant

AND: WESTERN HEALTH

First Respondent

ST JOHN OF GOD HEALTH CARE INC

Second Respondent

JUDGE: BROMBERG J DATE OF ORDER: 23 OCTOBER 2013 WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The time for the applicant to make an originating application under the Fair Work Act 2009 (Cth) alleging contravention of a general protection in relation to matters raised before the Fair Work Commission and the subject of a Certificate issued by that Commission dated 10 September 2013, be extended to 25 October 2013. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.