Federal Court of Australia
Federal Court of Australia
Martires v Endura Paint Pty Ltd (No 2) [2021] FCA 179 Review of: Martires v Endura Paints Pty Ltd (No 2) [2020] FCCA 717
File number: WAD 224 of 2020
Judgment of: JACKSON J
Date of judgment: 9 March 2021
Catchwords: ADMINISTRATIVE LAW - application for judicial review of decision of the Federal Circuit Court of Australia - appeal from same decision already on foot - impermissible use of judicial review as an alternative to appeal - appeal having been granted, no decision to which certiorari may apply - application dismissed
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court of Australia Act 1976 (Cth) s 24
Cases cited: ADF15 v Minister for Immigration and Border Protection [2018] FCA 1099 Martires v Endura Paint Pty Ltd (Appeal) [2021] FCA 178 Minister for Immigration and Border Protection v SZVFW [2017] FCAFC 33, (2017) 248 FCR 1 Plaintiff S157/2002 v Commonwealth of Australia [2003] HCA 2; (2003) 211 CLR 476 Police v Lymberopoulos [2007] SASC 247; (2007) 98 SASR 433 R v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389
Division: General Division
Registry: Western Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 11
Date of hearing: 28 January 2021
Counsel for the Applicant: The applicant appeared in person
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