Mysko v Commonwealth of Australia as Represented BY the Department of Agriculture

The applicant, Mysko, sought an extension of time to file an application in the Federal Court of Australia. The respondent was the Commonwealth of Australia, represented by the Department of Agriculture. The dispute arose from an admitted error by the applicant's lawyer, who failed to file the application in the Federal Court after a certificate had been issued by the Fair Work Commission.

The primary legal issue before the Court was whether to grant an extension of time for the filing of the application. This required the Court to consider the principles governing applications for extensions of time, particularly in light of the admitted error by the applicant's legal representative and the relatively short delay in filing. The Court also had regard to the Legal Services Directions and the Model Litigant Rules.

Judge W J Neville granted the extension of time. His Honour noted that the delay was very short and that the respondent accepted that it would suffer relatively little prejudice if the extension were granted. The applicant's lawyer had offered to pay the respondent's costs in relation to the extension of time application, an offer which was rejected by the respondent. The Court reserved the question of costs for the applicant.