Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Willis v Capital Radiology Pty Ltd [2015] FCA 1199 Citation: Willis v Capital Radiology Pty Ltd [2015] FCA 1199
Appeal from: Application for extension of time and leave to appeal: James Sydney Willis v Capital Radiology Pty Ltd [2015] FCCA 2475
Parties: JAMES SYDNEY WILLIS v CAPITAL RADIOLOGY PTY LTD
File number: VID 603 of 2015
Judge: PAGONE J
Date of judgment: 6 November 2015
Catchwords: INDUSTRIAL LAW – workplace bullying – claim before Fair Work Commission – adverse action – unfair dismissal – exercise of workplace right – whether substance to application – whether adequate reason for dismissal from employment – whether unreasonable conduct of applicant caused respondent to incur costs PRACTICE AND PROCEDURE – application for extension of time and leave to appeal – considerations relevant to determining whether to grant extension of time – considerations relevant to determining whether to grant leave to appeal – whether proposed grounds of appeal lack merit – whether adequate explanation provided for delay in bringing application
Legislation: Fair Work Act 2009 (Cth) ss 340, 570(2)(b) Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) rr 35.13, 35.14
Cases cited: Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Dobson v Australian Postal Corporation [2013] FCA 320 Duncan v Secretary, Department of Family and Community Services [2007] FCA 507 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Khondoker v Minister for Immigration and Citizenship [2012] FCA 654 Singh v Minister for Immigration and Border Protection [2015] FCA 483 SZOZG v Minister for Immigration and Citizenship [2011] FCA 756 SZSPR v Minister for Immigration and Border Protection [2013] FCA 1210 Zheng v Minister for Immigration and Border Protection [2015] FCA 989
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