Molony v ATM Logistics Pty Ltd [2018] FCA 640

FEDERAL COURT OF AUSTRALIA

Molony v ATM Logistics Pty Ltd [2018] FCA 640 File number(s): VID 1374 of 2017

Judge(s): O'CALLAGHAN J

Date of judgment: 8 May 2018

Catchwords: PRACTICE AND PROCEDURE – General protections claim under Fair Work Act 2009 (Cth) – application for extension of time – whether an extension of time is appropriate – application allowed – whether applicant's solicitor should indemnify client for costs ordered to be paid to the respondents

Legislation: Fair Work Act 2009 (Cth), ss 356, 370, 570 Federal Court of Australia Act 1976 (Cth), s 43(3)

Cases cited: Brodie Hanns v MTV Publishing Ltd (1995) 67 IR 298 Clarke v Service to Youth Council Incorporated [2013] FCA 1018

Date of hearing: 6, 19 April 2018

Registry: Victoria

Division: Fair Work Division

National Practice Area: Employment and Industrial Relations

Category: Catchwords

Number of paragraphs: 17

Counsel for the Applicant: Mr J McKenna

Solicitor for the Applicant: Behan Legal

Counsel for the Respondents: Mr B J Heath

Solicitor for the Respondents: Carter Newell Lawyers

ORDERS VID 1374 of 2017

BETWEEN: EOIN MOLONY Applicant

AND: ATM LOGISTICS PTY LTD ACN 082 110 003 First Respondent

SCOTT TIBBITS Second Respondent

JOHN TIBBITS Third Respondent

JUDGE: O'CALLAGHAN J DATE OF ORDER: 8 MAY 2018

THE COURT ORDERS THAT:

1. The applicant's interlocutory application dated 2 February 2018 (the application) be allowed. 2. Pursuant to s 370(a)(ii) of the Fair Work Act 2009 (Cth), time be extended until 15 December 2017 for the commencement of a court application for the claims made in the proceeding pursuant to s 356 of the Fair Work Act 2009 (Cth). 3. The applicant pay the respondents' costs of the application. 4. The applicant's solicitor, Mr Francis Ruggiero, indemnify the applicant in respect of the costs that the applicant is liable to pay to the respondents by virtue of order 3. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.