Rahman v Commonwealth of Australia as represented by the Australian Taxation Office [2017] FCA 1129

FEDERAL COURT OF AUSTRALIA

Rahman v Commonwealth of Australia as represented by the Australian Taxation Office [2017] FCA 1129 File number: NSD 2226 of 2016

Judge: BROMWICH J

Date of judgment: 22 September 2017

Catchwords: ADMINISTRATIVE LAW – application for judicial review of a decision of the Full Bench of the Fair Work Commission – whether the Full Bench's reasons disclose a failure to consider the applicant's submissions – held: no jurisdictional error – application dismissed PRACTICE AND PROCEDURE – application to reopen case after judgment reserved – no exceptional circumstances demonstrated – held: application dismissed

Legislation: Fair Work Act 2009 (Cth), ss 400, 604 Federal Court of Australia Act 1976 (Cth), s 37M Judiciary Act 1903 (Cth), s 39B

Cases cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; 239 CLR 175 Barach v University of New South Wales [2010] FWAFB 3307 Davis v Insolvency and Trustee Service Australia (No 2) [2011] FCAFC 9; 190 FCR 437 Director, Fair Work Building Industry Inspectorate v Bolton (No 1) [2016] FCA 816 Eastman v Director of Public Prosecutions of the Australian Capital Territory [2003] HCA 28; 214 CLR 318 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd [2013] HCA 46; 250 CLR 303 Featherby v Commissioner of Taxation [2016] FCA 454 GlaxoSmithKline Australia Pty Ltd v Makin [2010] FWAFB 5343; 197 IR 266 House v The King (1936) 55 CLR 499 Linfox Australia Pty Ltd v Fair Work Commission [2013] FCAFC 157; 240 IR 178 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 R v Army Council; Ex parte Ravenscroft [1917] 2 KB 504 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR Rahman v Commonwealth of Australia as represented by the Australian Taxation Office [2016] FWC 4575 Rahman v Commonwealth of Australia as represented by the Australian Taxation Office [2016] FWCFB 7677 Re Refugee Tribunal; Ex parte Aala [2000] HCA 57; 204 CLR 82 Robin Hansen v Calvary Health Care Adelaide Limited [2016] FWC 5223 Soliman v University of Technology, Sydney [2012] FCAFC 146; 207 FCR 277 Toms v Harbour City Ferries Pty Limited [2015] FCAFC 35; 229 FCR 537 Transport Workers' Union of Australia v WA Freightlines Pty Ltd [2011] FWAFB 3863