Federal Court of Australia
Federal Court of Australia
China Australia Travel Group Pty Ltd v Yang [2024] FCA 671 Appeal from: Yang v China Australia Travel Group Pty Ltd [2023] FedCFamC2G 1023
File number: NSD 1489 of 2023
Judgment of: BROMWICH J
Date of judgment: 21 June 2024
Catchwords: PRACTICE AND PROCEDURE – necessity of extension of time and leave to appeal – whether primary judgment and orders interlocutory in nature – where primary judgment provides for findings of liability and compensation but not penalty – HELD: primary judgment interlocutory in nature – insufficient prospects to warrant splintering of primary proceeding before finalisation – HELD: extension of time and leave to appeal refused
Legislation: Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 2011 (Cth) rr 35.13(a) and 35.14 Passenger Vehicle Transport Award 2010
Cases cited: Aldi Foods Pty Ltd v Moroccanoil Israel Ltd [2018] FCAFC 93; 261 FCR 301 Ali v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCAFC 140 Computer Edge Pty Ltd v Apple Computer Inc (1984) 54 ALR 767 Heiko Constructions v Tyson [2020] FCAFC 208; 282 FCR 297 Monash Health v Singh [2023] FCAFC 166; 327 IR 196 Power Ledger Pty Ltd v Griffiths [2021] FCA 624; 308 IR 147 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; 404 ALR 604
Division: Fair Work Division
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