Federal Court of Australia
Federal Court of Australia
Merhi v Commonwealth of Australia [2021] FCA 181 Review of: Application for Judicial Review: Linda Merhi v Commonwealth of Australia, represented by Services Australia (formerly the Department of Human Services) [2020] FWCFB 3523
File number: NSD 946 of 2020
Judgment of: KATZMANN J
Date of judgment: 5 March 2021
Catchwords: ADMINISTRATIVE LAW —application for judicial review of decision of Full Bench of Fair Work Commission under s 39B of the Judiciary Act 1903 (Cth) — where relief only available for jurisdictional error or error of law on the face of the record — whether, in refusing application for permission to appeal from decision of Commission to refuse to extend time to apply for an order granting a remedy for unfair dismissal under s 394 of the Fair Work Act 2009 (Cth), Full Bench committed reviewable error
Legislation: Fair Work Act 2009 (Cth) ss 394, 400, 562, 604, 613(1) Federal Court of Australia Act 1976 (Cth) s 23 Judiciary Act 1903 (Cth) s 39B
Cases cited: Australian Postal Corporation v D'Rozario (2014) 222 FCR 303 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v ALS Industrial Australia Pty Ltd (2015) 235 FCR 305 Baker v Patrick Projects Pty Ltd (2014) 226 FCR 302 Coal and Allied Mining Services Pty Ltd v Lawler (2011) 192 FCR 78 Coal and Allied Operations Pty Limited v Australian Industrial Relations Commission (2000) 203 CLR 194 Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission and Another (2007) 157 FCR 260 EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union and Another: (2014) 218 FCR 316 Ex parte Hebburn Ltd; Re Kearsley Shire Council (1947) 47 SR (NSW) 416 House v King (1936) 55 CLR 499 Kirk v Industrial Court (NSW) (2010) 239 CLR 531 Menzies v Fair Work Commission [2020] FCA 36; 293 IR 301 O'Sullivan v Farrer (1989) 168 CLR 210 Toms v Harbour City Ferries Pty Ltd (2015) 229 FCR 537 Wan v Australian Industrial Relations Commission (2001) 116 FCR 481 WZASS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 19
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