Patial v Kailash Lawyers Pty Ltd trading as Kailash Lawyers and Consultants [2025] FCA 114

Federal Court of Australia

Patial v Kailash Lawyers Pty Ltd trading as Kailash Lawyers and Consultants [2025] FCA 114 Appeal from: Application for leave to appeal: Kailash Lawyers Pty Ltd v Patial [2024] FedCFamC2G 268 and Kailash Lawyers Pty Ltd v Patial (No 2) [2024] FedCFamC2G 269

File number: NSD 571 of 2024

Judgment of: BROMWICH J

Date of judgment: 21 February 2025

Catchwords: PRACTICE AND PROCEDURE — application for leave to appeal from a decision of the Federal Circuit and Family Court of Australia (Division 2) — whether leave to appeal should be granted — where primary judge refused an adjournment application and enforced a costs order made by the Fair Work Commission — HELD: leave to appeal dismissed with costs

Legislation: Fair Work Act 2009 (Cth) s 570

Cases cited: Birketu Pty Ltd v Atanaskovic [2025] HCA 2 DĂ©cor Corp Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397 Kailash Lawyers Pty Ltd v Patial [2024] FedCFamC2G 268 Kailash Lawyers Pty Ltd v Patial (No 2) [2024] FedCFamC2G 269 Mastercard Asia/Pacific Pte Ltd v Australian Competition and Consumer Commission [2024] FCA 1237 Mitford Investments (WA) Pty Limited (Trustee) v Adaszko [2022] FedCFamC2G 827 MZZGY v Minister for Immigration and Border Protection [2014] FCA 488 Patial v Kailash Lawyers Pty Ltd t/as Kailash Lawyers and Consultants [2023] FCAFC 155 Prateek Patial v Kailash Lawyers Pty Ltd T/A Kailash Lawyers and Consultants [2022] FWC 2721 Prateek Patial v Kailash Lawyers Pty Ltd T/A Kailash Lawyers and Consultants [2023] FWCFB 73