Federal Court of Australia
Federal Court of Australia Primerano v Schisan Investments Pty Ltd [2025] FCA 15 Appeal from: Primerano v Schisan Investments Pty Ltd [2023] FedCFamC2G 667
File number(s):
Judgment of: HALLEY J
Date of judgment: 22 January 2025
Catchwords: INDUSTRIAL LAW – appeal from decision of Federal Circuit and Family Court of Australia (Division 2) on separate question – whether applicant was engaged by respondents as a national system employee within the meaning of the Fair Work Act 2009 (Cth) (FW Act) – where primary judge answered separate question "no" – where contract between the parties not recorded in writing – ascertainment of the parties' legal rights and obligations – where satisfied primary judge erred in answering separate question in the negative – appeal upheld – separate question answered "yes" PRACTICE AND PROCEDURE – application for extension of time to seek leave to appeal and leave to appeal – application for extension of time not opposed – whether primary judgment attended with sufficient doubt and substantial injustice would result if leave were refused – where primary judgment has practical effect of being final determination of claims applicant seeks to bring under the FW Act – extension of time and leave to appeal granted
Fair Work Act 2009 (Cth) ss 13, 14 Legislation: Federal Court of Australia Act 1976 (Cth) s 24 Superannuation Guarantee (Administration) Act 1992 (Cth) s 12
Aldi Foods Pty Ltd v Moroccanoil Israel Ltd (2018) 261 FCR 301; [2018] FCAFC 93 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd (2001) 117 FCR 424; [2001] FCA 1833 Chiodo v Silk Contract Logistics [2023] FCA 1047 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165; [2022] HCA 1 Cases cited: EFEX Group Pty Ltd v Bennett [2024] FCAFC 35 JMC Pty Ltd v Federal Commissioner of Taxation (2022) 114 ATR 795; [2022] FCA 750 JMC Pty Ltd v Federal Commissioner of Taxation (2023) 297 FCR 600; [2023] FCAFC 76 Primerano v Schisan Investments Pty Ltd [2023] FedCFamC2G 667 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16; [1986] HCA 1 ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 254; [2022] HCA 2
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