Federal Court of Australia
Federal Court of Australia
Tulett v Yourtown Pty Ltd [2024] FCA 513 Appeal from: Tulett v Yourtown Pty Ltd [2023] FedCFamC2G 120
File number(s): SAD 35 of 2023
Judgment of: O'SULLIVAN J
Date of judgment: 17 May 2024
Catchwords: PRACTICE AND PROCEDURE — application for extension of time to file an application for leave to appeal –— where applicant mistakes his belief that he had a right to appeal –— where extension of time to file application for leave to appeal does not cause prejudice to respondents — where respondents do not resist an extension of time being granted — leave for an extension of time within which the applicant may file an application for leave to appeal granted PRACTICE AND PROCEDURE — application for leave to appeal from decision of Federal Circuit and Family Court — where primary judge ordered that the applicant's application alleging various contraventions of the Fair Work Act 2009 (Cth) should be summarily dismissed — whether decision of primary judge is attended with sufficient doubt to warrant being reconsidered on appeal — whether the applicant would suffer substantial injustice if leave was refused — application for leave to appeal refused
Legislation: Fair Work Act 2009 (Cth), ss 340, 351 Federal Circuit & Family Court of Australia Act 2021 (Cth), ss 143(1) & (3) Federal Court of Australia Act 1976 (Cth), ss 24(1A), 31A High Court Rules 2004 (Cth), O 26, r 18
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