Lichfield-Bennett v State of Queensland (Queensland Ambulance Service)

[2014] ICQ 4

INDUSTRIAL COURT OF QUEENSLAND

CITATION:        

Lichfield-Bennett v State of Queensland (Queensland Ambulance Service) [2014] ICQ 004

PARTIES:

Lichfield-Bennett, Stephanie
(applicant)

v

State of Queensland (Queensland Ambulance Service)
(respondent)

CASE NO:

C/2014/11

PROCEEDING:

Application for extension of time to file appeal

DELIVERED ON:

7 March 2014

HEARING DATE: 

7 March 2014

MEMBER:

Deputy President O'Connor

ORDERS:

1.      Application dismissed; and

2.      Costs reserved.

CATCHWORDS:

INDUSTRIAL LAW - APPLICATION FOR EXTENSION OF TIME - Application for reinstatement - Where the application for reinstatement was refused by the Industrial Commission - Where the applicant sought leave of the Court for an extension of time in which to file an appeal against the Industrial Commission's decision to refuse the application for reinstatement - Where the application for an extension of time was filed before the 21-day statutory timeframe had elapsed, and the applicant was in a position to file her appeal before it elapsed and gave an undertaking to do so - Where, in the circumstances, the Court was left with no option other than to dismiss the application

CASES:

Industrial Relations Act 1999 (Qld), s 346

APPEARANCES:

Ms S Lichfield-Bennett, the applicant, in person.
Mr J W Merrell, instructed by Crown Law, for the respondent.

Report on Decision (as edited)

In giving his decision from the bench on 7 March 2014, Deputy President O'Connor stated:

"This is an application by Stephanie Lichfield-Bennett, who applied for an extension of time to appeal the decision against her in the matter of TD/2013/3 before her Honour Deputy President Swan.  A decision was given on the 14^th of February 2014 dismissing that application for re-instatement. I have been advised by the Vice President's chambers this morning that a email was forwarded by the applicant to the Vice President at 8.39 am this morning advising as follows: 'After having received legal advice very late last night, I wish to notify all parties my request to vacate today's directions order to attend at 10 am in relation to an extension of time for appeal.' I've heard from both parties and had the benefit of reading the respondent's outline of argument. In the current circumstances, and having regard to the course that's proposed by the applicant to file her notice of appeal within the 21 day limitation period as required by section 346 of the Industrial Relations Act 1999, which expires at the conclusion of today, I see no option other than to order that the application be dismissed, and reserve all questions of cost."