Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate [2016] FCA 1475 Appeal from: Application for an extension of time: Director, Fair Work Building Industry Inspectorate v Bolton (No 2) [2016] FCA 817
File number: SAD 300 of 2016
Judge: BESANKO J
Date of judgment: 8 December 2016
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time to appeal – where applicant sought and was refused prerogative writs in the High Court challenging decisions made by primary judge – whether applicant has provided explanation for delay – whether merits in appeal – where respondent knew applicant wished to challenge orders – where orders involve pecuniary penalties – where no apparent prejudice to respondent – Federal Court Rules 2011 (Cth), r 36. Held: Extension of time granted.
Legislation: Fair Work Act 2009 (Cth) ss 500, 793 Federal Court Rules 2011 (Cth) rr 36.03, 36.05
Cases cited: Construction Forestry Mining and Energy Union v Director of the Fair Work Building Industry Inspectorate and Anor [2016] HCA 41 Director, Fair Work Building Industry Inspectorate v Bolton (No 1) [2016] FCA 816 House v The King (1936) 55 CLR 499
Date of hearing: 25 November 2016
Registry: South Australia
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: Mr M Abbott QC with Mr M Ats
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