Federal Court of Australia
Federal Court of Australia
Power Ledger Pty Ltd v Griffiths [2021] FCA 624 Appeal from: Application for extension of time and leave to appeal: Griffiths v Power Ledger Pty Ltd [2020] FCCA 2846
File number: WAD 270 of 2020
Judgment of: BANKS-SMITH J
Date of judgment: 9 June 2021
Catchwords: PRACTICE AND PROCEDURE - whether leave to appeal from declaratory order of Federal Circuit Court of Australia required - declaration of contravention of s 340(1) of the Fair Work Act 2009 (Cth) by adverse action following respondent's complaint - whether declaration in the nature of final or interlocutory relief - whether leave to appeal should be granted - application of principles for leave to appeal - leave granted PRACTICE AND PROCEDURE - application for extension of time to seek leave to appeal - application filed outside time period for application for leave to appeal but within time period for filing a notice of appeal - application of principles for extension of time - genuine question as to whether leave to appeal required - where delay explained - extension granted EVIDENCE - hearsay objections - rulings made
Legislation: Evidence Act 1995 (Cth) s 75 Fair Work Act 2009 (Cth) ss 340, 341, 342, 361, 566, 568 Federal Circuit Court of Australia Act 1999 (Cth) ss 14, 15, 16, 567 Federal Court of Australia Act 1976 (Cth) s 24 Federal Court Rules 2011 (Cth) rr 35.13, 36.03
Cases cited: Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194 Computer Edge Pty Ltd v Apple Computer Inc (1984) 54 ALR 767 Construction, Forestry, Mining & Energy Union v Employment Advocate [2001] FCA 1442 Dearman v Dearman (1908) 7 CLR 549 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Dovuro Pty Ltd v Wilkins [2003] HCA 51; (2003) 215 CLR 317 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Heiko Constructions T/A Heiko Constructions Pty Ltd v Tyson [2020] FCA 697 Heiko Constructions T/A Heiko Constructions Pty Ltd v Tyson [2020] FCAFC 208 King v Melbourne Vicentre Swimming Club Inc [2020] FCA 1639 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17; (2001) 205 CLR 507 N and E Bowder Pty Ltd v Australian Keg Company Pty Ltd [2014] FCA 288; (2014) 220 FCR 166 Norbis v Norbis (1986) 161 CLR 513 Qantas Airways Limited v Australian Licensed Aircraft Engineers Association [2011] FCA 401 Singh v Minister for Immigration and Border Protection [2017] FCAFC 195 Southern Migrant and Refugee Centre Inc v Shum [2020] FCA 832 Warramunda Village Inc v Pryde [2002] FCA 250; (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