Jovcic v Coopers Brewery Limited

FEDERAL COURT OF AUSTRALIA

Jovcic v Coopers Brewery Limited [2023] FCA 797  

Appeal from:

Application for an extension of time: Jovcic v Coopers Brewery Limited [2023] FCA 423

File number:

SAD 59 of 2023

Judgment of:

BESANKO J

Date of judgment:

13 July 2023

Catchwords:

PRACTICE AND PROCEDURE — application to extend the time within which to appeal from final orders pursuant to r 36.05 of the Federal Court Rules 2011 (Cth) —– where length of delay is not significant —– whether explanation for the delay is satisfactory —– where no specific prejudice to the first respondent identified —– extension of time granted

Legislation:

Fair Work Act 2009 (Cth) ss 400, 604

Federal Court Rules 2011 (Cth) rr 36.03, 36.05

Cases cited:

BQQ15 v Minister for Home Affairs [2019] FCAFC 218

Jackamarra v Krakouer [1998] HCA 27; (1998) 195 CLR 516

Division:

Fair Work Division

Registry:

South Australia

National Practice Area:

Employment and Industrial Relations

Number of paragraphs:

22

Date of last submissions:

19 June 2023 (Applicants)

Date of hearing:

Determined on the papers

Counsel for the Applicants:

Mr S Ower KC with Mr S Lindsay

Solicitor for the Applicants:

Sekhon Lawyers

Counsel for the First Respondent:

Mr S McDonald SC

Solicitor for the First Respondent:

Piper Alderman

Counsel for the Second Respondent:

The Second Respondent did not appear

ORDERS

SAD 59 of 2023

BETWEEN:

JOVAN JOVCIC

First Applicant

FILIP MARKOVIC

Second Applicant

AND:

COOPERS BREWERY LIMITED

First Respondent

FAIR WORK COMMISSION

Second Respondent

ORDER MADE BY:	BESANKO J
DATE OF ORDER:	13 JULY 2023

THE COURT ORDERS THAT:

1.The applicants’ application for an extension of time within which to file a Notice of appeal in terms of the Draft Notice of appeal, which is exhibit “PSS-3” to the affidavit of Parambir Singh Sekhon affirmed on 22 May 2023, be granted and the time be extended to 20 July 2023.

2.The listing of this proceeding on 18 July 2023 be vacated.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

BESANKO J:

1. This is an application for an extension of time within which to appeal from orders made by a judge of this Court on 5 April 2023 (Jovcic v Coopers Brewery Limited [2023] FCA 423). Rule 36.03 of the Federal Court Rules 2011 (Cth) provides as follows:

   An appellant must file a notice of appeal:

   (a)       within 28 days after:

   (i)the date on which the judgment appealed from was pronounced or the order was made; or

   (ii)       …

   (b)      on or before a date fixed for that purpose by the court appealed from.

2. A party may apply for an extension of time within which to file a Notice of appeal under r 36.05.

3. In this case, oral reasons were given and orders pronounced by the primary judge on 5 April 2023 and written reasons for judgment were published by her Honour on 5 May 2023.  The application for an extension of time was filed…