McCullough v Allan [2015] FCA 1101

FEDERAL COURT OF AUSTRALIA

McCullough v Allan [2015] FCA 1101 Citation: McCullough v Allan [2015] FCA 1101

Appeal from: Application for extension of time and leave to appeal: Allan v Condamine Catchment Natural Resource Management Corporation Limited t/as Condamine Alliance [2015] FCCA 2632

Parties: PHILLIP JAMES MCCULLOUGH and KENNETH JOHN MURPHY v LOIS EVELYN ALLAN

File number: QUD 834 of 2015

Judge: LOGAN J

Date of judgment: 6 October 2015

Catchwords: INDUSTRIAL LAW – application for extension of time and related leave to appeal – where applicants named as respondents on accessorial basis in adverse action claim under the Fair Work Act (2009) (Cth) (Fair Work Act) – where applicants sought dismissal of proceeding against them on the basis they were not identified as parties to dispute in certificate issued by Fair Work Commission under s 368(3)(a) of the Fair Work Act – application refused by Federal Circuit Court – finding that accessorial liability arose through s 550(1) of the Fair Work Act – construction of Fair Work Act – proposed issue on appeal whether naming of applicants in s 368(3)(b) certificate a necessary pre-condition to jurisdiction of Federal Circuit Court to hear claim against them – where application for leave to appeal filed outside prescribed time because of error on the part of applicants' solicitors – uncompelling explanation for delay but proposed ground appeal arguable and raised issue going to jurisdiction and of pervasive general importance Held: extension of time within which to apply for leave to appeal and leave to appeal granted.

Legislation: Fair Work Act 2009 (Cth) ss 365, 368, 369, 370, 371, 550 (1), (2) Fair Work Amendment Act 2013 (Cth) s 3, Sch 4A Federal Court of Australia Act (Cth) ss 24(1AA), 24(1AA)(b), 24(1)(d) Justice (Civil Litigation Reforms) Amendment Act 2009 (Cth)