Thiess Contractors Pty Ltd v CFMEU

Thiess Contractors Pty Ltd has commenced proceedings against the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) in the Supreme Court of Queensland. The dispute revolves around the alleged unlawful conduct of the CFMEU in relation to industrial action taken against Thiess. Thiess sought to appeal against an earlier decision made by the court, but had failed to meet the statutory deadline for lodging the application. The primary legal issue before the court was whether the application to extend time should be granted, thereby allowing Thiess to make the application for leave to appeal out of time.

The court found that the application to extend time was brought pursuant to the statutory provisions that govern the extension of time in which to make an appeal. The court noted that Thiess had not provided a satisfactory explanation for the delay in making the application and that the delay had caused prejudice to the CFMEU. The court also noted that Thiess had not demonstrated any exceptional circumstances that warranted the extension of time. In the circumstances, the court held that the application to extend time should be refused. The court emphasised the importance of meeting statutory deadlines in relation to appeals and noted that the failure to do so could result in the loss of the right to appeal.