FEDERAL COURT OF AUSTRALIA
INDUSTRIAL LAW – Complaint of unlawful termination heard by Judicial Registrar – Application to review decision of Judicial Registrar out of time – Extension of time refused by primary Judge – Whether primary Judge erred in refusing to exercise discretion to extend time.
Industrial Relations Court Rules 1988 O 52 rr 2, 3, 4, 5, 33
Workplace Relations and Other Legislation Amendment Act 1996 Schedule 16, Item 67
Arnotts Ltd v Trade Practices Commission (1989) 24 FCR 313, applied
Brodie-Hanns v MTV Publishing Ltd (1995) 67 IR 298, applied
Coyne v Ansett Transport Industries, IRCA, Full Court, 24 Sept 1996, unreported, applied
Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397, applied
Deighton v Telstra Corporation Ltd, Full Federal Court, 17 Oct 1997, unreported, referred
Hall v Nominal Defendant (1967-68) 117 CLR 423, applied
Hargreaves v National Safety Council of Australia (1997) 74 IR 19, applied
Harrington v Lowe (1997) 190 CLR 311, applied
Harris v Caladine (1991) 172 CLR 84, referred
House v The King (1936) 55 CLR 499, applied
Hunter Valley Developments Pty Ltd v Cullen (1984) 3 FCR 344, referred
Jess v Scott (1986) 12 FCR 187, applied
Keller v QBE (Investments) Ltd, IRCA, Gray J, 5 June 1995, unreported, referred
Orr v Holmes (1948) 76 CLR 632, applied
Sophron v Nominal Defendant (1956-57) 96 CLR 469, referred
CHALMERS v DEAKIN UNIVERSITY
No VG 492 of 1997
JUDGES: RYAN, OLNEY and NORTH JJ
DATE: 23 SEPTEMBER 1998
PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
No.VG 492 of 1997
BETWEEN:
ALAN CHALMERS
APPELLANTAND:
DEAKIN UNIVERSITY
RESPONDENTJUDGES:
RYAN, OLNEY, AND NORTH JJ
DATE OF ORDER:
#23 SEPTEMBER 1998WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
The appellant be granted an extension of time within which to seek leave to appeal.
Leave to appeal be granted.
The appeal be allowed.
The decision appealed from be set aside and, in lieu thereof, the appellant be granted an extension of time within which to seek a review of the decision of Judicial Registrar Murphy.
The appellant’s application for review be remitted for hearing by a single Judge.
The appellant’s notice of motion be otherwise dismissed.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
NO. VG 492 of 1997
BETWEEN:
ALAN CHALMERS
APPELLANTAND:
DEAKIN UNIVERSITY
RESPONDENT
JUDGES:
RYAN, OLNEY, AND NORTH JJ
DATE:
#23 SEPTEMBER 1998PLACE:
MELBOURNE
REASONS FOR JUDGMENT
INTRODUCTION
There is before the Court an application for leave to appeal from an order of Marshall J dismissing the appellant’s notice of motion dated 3 July 1997 seeking an extension of time within which to lodge a notice of motion to review an order of Murphy JR of the Industrial Relations Court of Australia made on 16 April 1997, dismissing the applicant’s application pursuant to s…
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- Case
- [1998] FCA 1187
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the appellant was entitled to an extension of time to appeal the decision and, if so, whether leave to appeal should be granted. Additionally, the court needed to determine if the decision of the Judicial Registrar should be reviewed and, if so, whether the review should be heard by a single judge.
The court found that the appellant was entitled to an extension of time to appeal the decision and granted leave to appeal. The court held that the Judicial Registrar's decision should be reviewed, and that the review should be heard by a single judge. The court set aside the decision appealed from and remitted the appellant's application for review for hearing by a single judge. The court dismissed the appellant's notice of motion in all other respects. The court's decision was based on the principles of procedural fairness and the need for a just and equitable outcome in the circumstances of the case.
Orders
Orders of the court
1. The appellant be granted an extension of time within which to seek leave to appeal.
2. Leave to appeal be granted.
3. The appeal be allowed.
4. The decision appealed from be set aside and, in lieu thereof, the appellant be granted an extension of time within which to seek a review of the decision of Judicial Registrar Murphy.
5. The appellant’s application for review be remitted for hearing by a single Judge.
6. The appellant’s notice of motion be otherwise dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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