Lim v Flinders University of South Australia [2022] FCA 1361

Federal Court of Australia

Lim v Flinders University of South Australia [2022] FCA 1361 Appeal from: Application for extension of time: Lim v Flinders University of South Australia (No 2) [2021] FCCA 614

File number: SAD 150 of 2021

Judgment of: CHARLESWORTH J

Date of judgment: 27 October 2022

Date of publication of reasons: 15 November 2022

Catchwords: APPEAL AND NEW TRIAL – application for an extension of time in which to commence an appeal – self-represented litigant – delay in commencing the appeal a consequence of the applicant's choices in the use of her time – explanation inadequate in part – applicant seeking to appeal from judgment dismissing application for relief for contraventions of the Fair Work Act 2009 (Cth) including contraventions of s 340 – primary judge basing findings on impressions of witnesses – primary judge accepting employer's evidence as to the reasons for adverse actions taken against the applicant – proposed appeal having insufficient prospects of success to warrant the grant of an extension of time – application dismissed

Legislation: Fair Work Act 2009 (Cth) ss 50, 340, 341, 342, 361 Federal Court of Australia Act 1976 (Cth) s 24 Federal Court Rules 2011 (Cth) rr 36.03, 36.05

Cases cited: Construction, Forestry, Maritime, Mining and Energy Union v Australian Building and Construction Commissioner (The Monash Freeway Widening Case) [2022] FCAFC 59 Fox v Percy (2003) 214 CLR 188 House v The King (1936) 55 CLR 499 Lee v Lee (2019) 266 CLR 129 Lim v Flinders University of South Australia (No 2) [2021] FCCA 614 Porter v Ghasemi (2021) 286 FCR 556