Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Republic of Italy (Ministry of Foreign Affairs and International Cooperation – Adelaide Consulate) v Benvenuto [2017] FCA 940 Appeal from: Application for an extension of time: Republic of Italy v Benvenuto [2016] SAIRC 31
File numbers: SAD 173 of 2017 SAD 174 of 2017
Judge: WHITE J
Date of judgment: 11 August 2017
Catchwords: PRACTICE AND PROCEDURE – application for extensions of time in which to appeal – decision of the Industrial Relations Court of South Australia (IRCSA) – jurisdiction of the Federal Court to hear an appeal from a State court under s 565 of the Fair Work Act 2009 (Cth) – appeals out of time because applicant wrongly believed that the appeals lay to the Full Bench of the IRCSA – extensions for significant periods sought – prejudice if application denied – application granted.
Legislation: Fair Work Act 2009 (Cth) ss 545(3), 563(h), 565(1B) and (1C) Foreign States Immunities Act 1985 (Cth) ss 9, 12 Judiciary Act 1903 (Cth) s 39B(1A)(c) Federal Court Rules 2011 (Cth) r 36.03(a) Fair Work Act 1994 (SA) ss 14, 188 Long Service Leave Act 1987 (SA) Statutes Amendment (South Australian Employment Tribunal) Act 2016 (SA) s 69(2)
Cases cited: Craig v The State of South Australia [1995] HCA 58; (1995) 184 CLR 163 DJL v The Central Authority [2000] HCA 17; (2000) 201 CLR 226 Maughan Thiem Auto Sales Pty Ltd v Cooper [2013] FCAFC 145; (2013) 216 FCR 197 Miotto & Benvenuto v Republic of Italy [2015] SAIRC 33
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