Newton v Gallawah Pty Ltd

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Newton v Gallawah Pty Ltd [2023] FedCFamC2G 747  

File numbers:

MLG 974 of 2023

Judgment of:

JUDGE CHAMPION

Date of judgment:

21 August 2023

Catchwords:

INDUSTRIAL LAW – Application pursuant to s. 370(a)(ii) of the Fair Work Act 2009 (Cth) for extension of time within which to make a general protections court application – whether Applicant has reasonable explanation for delay – representative error – extension of time granted

Legislation:

 Fair Work Act 2009 (Cth) ss. 368, 370

Cases cited:

Brisbane South Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25

Brodie-Hanns v MTV Publishing Ltd (1995) 67 IR 298

Clarke v Service to Youth Council Inc [2013] FCA 1018

Comcare v A’Hearn (1993) 45 FCR 441

Division:

Division 2 General Federal Law

Number of paragraphs:

17

Date of last submissions:

18 August 2023

Date of hearing:

On the papers

Place:

Melbourne

Solicitor for the Applicant:

Saines Legal

Solicitor for the Respondent:

McCracken & McCracken Lawyers

ORDERS

MLG 974 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

LEAH NEWTON

Applicant

AND:

GALLAWAH PTY LTD

Respondent

ORDER MADE BY:	JUDGE CHAMPION
DATE OF ORDER:	21 AUGUST 2023

THE COURT ORDERS THAT:

1.An extension of time be granted for the filing of the application and the matter proceed as if it was filed within time.

Note: The form of the order is subject to the entry in the Court’s records.

Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

REASONS FOR JUDGMENT

JUDGE CHAMPION:

INTRODUCTION

1. The Applicant Ms Leah Newton (Ms Newton) seeks an extension of time pursuant to s. 370(a)(ii) of the Fair Work Act 2009 (Cth) to make a general protections court application in relation to an alleged contravention or contraventions of Part 3.1 of the Act. The Respondent is her former employer, Gallawah Pty Ltd. (Gallawah). Ms Newton’s court application was made on 2 June 2023, some 20 days after the 14 day period set out in s. 370(a)(ii) of the Act. The evidence on this extension of time application is that Ms Newton’s court application was late because of her representative’s inexperience and unfamiliarity with the Court’s eLodgment system.

2. In circumstances in which the delay is short, the delay is due to the inexperience of her representative and Gallawah claims no prejudice because of the delay, it is in the interests of justice to extend time. Except to note that on the face of the material currently before the Court the Applicant may have an arguable claim, it is not possible to form any more definitive view (one way or the other) as to…