Federal Court of Australia
Federal Court of Australia
Kelly v Corporation of the Synod of the Diocese of Brisbane (No 2) [2024] FCA 91 File number: QUD 241 of 2022
Judgment of: LOGAN J
Date of judgment: 16 February 2024
Catchwords: COSTS – where the applicant applied for an extension of time under s 370 of the Fair Work Act 2009 (Cth) (FWA) to commence a general protections court proceeding – where the application for an extension of time was dismissed in Kelly v Corporation of the Synod of the Diocese of Brisbane [2023] FCA 829 – where the respondent applied for costs to be awarded on the basis that s 570 of the FWA did not apply because the applicant had failed to enliven the Court's jurisdiction under the FWA – whether the applicant had enlivened the jurisdiction of the Court under the FWA through its unsuccessful application for an extension of time – application for costs dismissed
Legislation: Constitution s 73 Fair Work Act 2009 (Cth) ss 370, 570 Federal Court of Australia Act 1976 (Cth) s 43 Judiciary Act 1903 (Cth)
Cases cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay (No 2) (2012) 248 CLR 549 Kelly v Corporation of the Synod of the Diocese of Brisbane [2023] FCA 829 Melbourne Stadiums Ltd v Sautner (2015) 229 FCR 221
Division: Fair Work Division
Registry: Queensland
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 19
Date of last submissions 17 May 2023 (filed on behalf of the Respondent) 19 May 2023 (filed on behalf of the Applicants)
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