Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Southern Migrant and Refugee Centre Inc v Shum [2020] FCA 832 Appeal from: Application for an extension of time within which to appeal (or leave to appeal) from: Shum v Southern Migrant and Refugee Centre Inc & Ors [2020] FCCA 214
File number: VID 127 of 2020
Judge: SNADEN J
Date of judgment: 16 June 2020
Catchwords: PRACTICE AND PROCEDURE – application for an extension of time within which to appeal – application for leave to appeal from a decision of the Federal Circuit Court of Australia (hereafter, the "FCCA") – where the FCCA found that the applicants terminated the respondent's employment in contravention of ss 340(1) and 352 of the Fair Work Act 2009 (Cth) – whether the proposed appeal has merit – whether leave to appeal required – whether it is in the interests of justice to grant leave to appeal – whether sufficient explanation afforded for length of delay – whether granting of leave to appeal unfairly prejudicial to the respondent – extension of time and leave to appeal granted
Legislation: Evidence Act 1995 (Cth) s 140 Fair Work Act 2009 (Cth) pt 3-1; ss 340 and 352 Fair Work Regulations 2009 (Cth) reg 3.01 Federal Court Rules 2011 (Cth) rr 35.13 and 36.03
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (The College Crescent Case) [2020] FCA 757 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (the costs of the Cup of Tea Case) [2019] FCAFC 36 Australian Building and Construction Commissioner v Pattinson [2019] FCA 1654 Australian Competition and Consumer Commission v Cement Australia Pty Ltd [2014] FCA 148 Australian Red Cross Society v Queensland Nurses' Union of Employees [2019] FCA 41 Browne v Dunn (1893) 6 R 67 Construction, Forestry, Maritime, Mining and Energy Union v Milin Builders Pty Ltd [2019] FCA 1070 Construction, Forestry, Mining and Energy Union v The Employment Advocate [2001] FCA 1442 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Dovuro Pty Limited v Wilkins (2003) 215 CLR 317 Fair Work Ombudsman v Australian Workers' Union [2020] FCA 60 Heiko Constructions T/A Heiko Constructions Pty Ltd v Tyson [2020] FCA 697 Iannuzzi v Commissioner of Taxation (2019) 268 FCR 349 Jackamarra v Krakouer (1998) 195 CLR 516 Mladenov v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2014] FCA 12 MZABP v Minister for Immigration and Border Protection (2016) 152 ALD 478 Shum v Southern Migrant and Refugee Centre Inc & Ors [2020] FCCA 214 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195 Warramunda Village Inc v Pryde (2002) 116 FCR 58
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate