Power Ledger Pty Ltd v Griffiths

Case [2021] FCA 624


FEDERAL COURT OF AUSTRALIA

Power Ledger Pty Ltd v Griffiths [2021] FCA 624

Appeal from: Application for extension of time and leave to appeal:  Griffiths v Power Ledger Pty Ltd [2020] FCCA 2846
File number: WAD 270 of 2020
Judgment of: BANKS-SMITH J
Date of judgment: 9 June 2021
Catchwords:

PRACTICE AND PROCEDURE - whether leave to appeal from declaratory order of Federal Circuit Court of Australia required - declaration of contravention of s 340(1) of the Fair Work Act 2009 (Cth) by adverse action following respondent's complaint - whether declaration in the nature of final or interlocutory relief - whether leave to appeal should be granted - application of principles for leave to appeal - leave granted

PRACTICE AND PROCEDURE - application for extension of time to seek leave to appeal - application filed outside time period for application for leave to appeal but within time period for filing a notice of appeal - application of principles for extension of time - genuine question as to whether leave to appeal required - where delay explained - extension granted

EVIDENCE - hearsay objections - rulings made

Legislation:

Evidence Act 1995 (Cth) s 75

Fair Work Act 2009 (Cth) ss 340, 341, 342, 361, 566, 568

Federal Circuit Court of Australia Act 1999 (Cth) ss 14, 15, 16, 567

Federal Court of Australia Act 1976 (Cth) s 24

Federal Court Rules 2011 (Cth) rr 35.13, 36.03

Cases cited:

Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission [2000] HCA 47; (2000) 203 CLR 194

Computer Edge Pty Ltd v Apple Computer Inc (1984) 54 ALR 767

Construction, Forestry, Mining & Energy Union v Employment Advocate [2001] FCA 1442

Dearman v Dearman (1908) 7 CLR 549

Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397

Dovuro Pty Ltd v Wilkins [2003] HCA 51; (2003) 215 CLR 317

Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89

Fox v Percy [2003] HCA 22; (2003) 214 CLR 118

Heiko Constructions T/A Heiko Constructions Pty Ltd v Tyson [2020] FCA 697

Heiko Constructions T/A Heiko Constructions Pty Ltd v Tyson [2020] FCAFC 208

King v Melbourne Vicentre Swimming Club Inc [2020] FCA 1639

Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541

Minister for Immigration and Multicultural Affairs v Jia [2001] HCA 17; (2001) 205 CLR 507

N and E Bowder Pty Ltd v Australian Keg Company Pty Ltd [2014] FCA 288; (2014) 220 FCR 166

Norbis v Norbis (1986) 161 CLR 513

Qantas Airways Limited v Australian Licensed Aircraft Engineers Association [2011] FCA 401

Singh v Minister for Immigration and Border Protection [2017] FCAFC 195

Southern Migrant and Refugee Centre Inc v Shum [2020] FCA 832

Warramunda Village Inc v Pryde [2002] FCA 250; (2002) 116 FCR 58

Division: General Division
Registry: Western Australia
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 70
Date of hearing: 31…

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AGLC
Power Ledger Pty Ltd v Griffiths [2021] FCA 624
Case
[2021] FCA 624
Decision Date

CaseChat Overview and Summary

Power Ledger Pty Ltd sought leave to appeal a decision of the Federal Circuit Court of Australia that declared it contravened s 340(1) of the Fair Work Act 2009 (Cth) by taking adverse action against Griffiths following a complaint he made. The application for leave to appeal was made outside the time period for such an application but within the period for filing a notice of appeal. The court had to decide whether leave to appeal was required, and if so, whether an extension of time to apply for leave should be granted. Additionally, the court had to determine on what grounds leave to appeal should be granted.

The court found that a genuine question existed as to whether leave to appeal was required, considering the nature of the declaration as either final or interlocutory relief. It considered the principles for granting leave to appeal and concluded that leave should be granted on certain grounds. The court also found that the delay in applying for leave to appeal was explained, and therefore, it granted an extension of time for the application.

In addition to the procedural issues, the court also addressed a hearsay objection related to the evidence. It made rulings on these objections as part of its considerations.

The court ordered that the time for filing an application for leave to appeal be extended to 11 January 2021. It granted leave to appeal on specified grounds, excluding one, as detailed in the proposed notice of appeal. The applicant was required to file and serve any notice of appeal by no later than 16 June 2021.

Orders

Orders of the court

1. The time for filing an application for leave to appeal from the declaratory order of the Federal Circuit Court of Australia made 30 October 2020 be extended to 11 January 2021.

2. The applicant have leave to appeal on grounds 1 to 10 inclusive (excluding ground 5) as set out in the proposed notice of appeal annexed to the application for an extension of time filed 11 January 2021, as particularised (with respect to ground 10) in the applicant's written reply submissions filed on 8 April 2021.

3. The applicant is to file and serve any notice of appeal by no later than 16 June 2021.

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

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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