Chand v Soft Star Pty Ltd

In *Chand v Soft Star Pty Ltd*, the applicant, Mr Chand, sought an extension of time to file an application alleging his dismissal from employment by Soft Star Pty Ltd was in contravention of the general protections provisions of the *Fair Work Act 2009* (Cth). Mr Chand also claimed loss of earnings for the remainder of a four-year employment visa. The matter came before Judge Antoni Lucev in the Federal Circuit and Family Court of Australia.

The primary legal issues before the court were whether the dismissal was due to genuine redundancy, and crucially, whether an extension of time should be granted for the filing of Mr Chand's application. The court was required to consider the factors relevant to granting an extension of time, particularly in light of difficulties encountered with the recently introduced electronic court filing system.

His Honour considered the principles governing applications for extensions of time, including the length of the delay, the reasons for the delay, the merits of the proposed application, and the prejudice to the respondent. The court noted the applicant's explanation for the delay, which involved difficulties navigating the new electronic filing system and obtaining legal advice. Weighing these factors, and considering the potential prejudice to the respondent, the court determined that an extension of time was warranted. The court ultimately granted the extension of time for the filing of Mr Chand's application.