Federal Court of Australia
Federal Court of Australia
Lee v Fair Work Commission [2021] FCA 1188 Appeal from: Application for extension of time: Lee v Superior Wood Pty Ltd [2021] FCA 515
File number: QUD 161 of 2021
Judgment of: RANGIAH J
Date of judgment: 6 October 2021
Catchwords: PRACTICE AND PROCEDURE – application for extension of time to seek leave to appeal against interlocutory judgment of a single judge of the Federal Court – primary judge dismissed the proceeding on the basis of procedural deficiencies in the applicant's originating application – application for leave to appeal filed nine days out of time – whether satisfactory explanation for delay – whether proposed application for leave to appeal and appeal have merit – application for extension of time refused
Legislation: Fair Work Act 2009 (Cth) s 570 Federal Court Rules 2011 (Cth) rr 1.40, 2.16, 4.01, 5.04, 5.23, 12.01, 35.13, 35.14 Federal Court of Australia Act 1976 (Cth) ss 24(1A) and 24(1AA)
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Lee v Superior Wood Pty Ltd [2020] FWCFB 6011 Lee v Superior Wood Pty Ltd [2021] FCA 515 Lee v Superior Wood Pty Ltd t/a Superior Wood [2019] FWC 5095 R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 State of New South Wales v Canellis (1994) 181 CLR 309 Wilson v Alexander (2003) 135 FCR 273
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