Federal Court of Australia
Federal Court of Australia
Hennessy v Barminco Limited [2022] FCA 9 File number: SAD 209 of 2021
Judgment of: BESANKO J
Date of judgment: 14 January 2022
Date of publication of reasons: 18 January 2022
Catchwords: PRACTICE AND PROCEDURE — Interlocutory application for extension of time in which to make application in the Court pursuant to s 370 of Fair Work Act 2009 (Cth) — where applicant filed Originating application in the Court — where respondent issued Interlocutory application seeking orders that Originating application be dismissed on basis that it was out of time — where Notice of filing and hearing attached to Originating application indicates lodgement 28 minutes out of time — where applicant's solicitor deposed to belief that document in fact filed within time and/or any delay caused by solicitor's error — whether appropriate to grant extension of time — order that time be extended
Legislation: Fair Work Act 2009 (Cth) ss 365, 368, 370 Federal Court Rules 2011 (Cth) r 2.25
Division: Fair Work Division
Registry: South Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 18
Date of hearing: 14 January 2022
Counsel for the Applicant: Mr R Grealy
Solicitor for the Applicant: Australian Law Partners
Counsel for the Respondent: Mr N Ellery
Solicitor for the Respondent: Corrs Chambers Westgarth
ORDERS SAD 209 of 2021
BETWEEN: ASHLEY HENNESSY Applicant
AND: BARMINCO LIMITED ACN 109 439 894 Respondent
order made by: BESANKO J DATE OF ORDER: 14 JANUARY 2022
THE COURT ORDERS THAT:
1. Pursuant to s 370 of the Fair Work Act 2009 (Cth), the time within which the Originating application in this proceeding be lodged is extended up to and including 22 November 2021. 2. Costs reserved. 3. The applicant have leave to amend the Originating application to the following effect: The heading on page 2, "Details of claim under the Fair Work Act", be removed and in place thereof the words "Statement of Claim" appear. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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