FEDERAL COURT OF AUSTRALIA
Tulett v Yourtown Pty Ltd [2024] FCA 513
Appeal from: Tulett v Yourtown Pty Ltd [2023] FedCFamC2G 120 File number(s): SAD 35 of 2023 Judgment of: O'SULLIVAN J Date of judgment: 17 May 2024 Catchwords: PRACTICE AND PROCEDURE — application for extension of time to file an application for leave to appeal –— where applicant mistakes his belief that he had a right to appeal –— where extension of time to file application for leave to appeal does not cause prejudice to respondents — where respondents do not resist an extension of time being granted — leave for an extension of time within which the applicant may file an application for leave to appeal granted
PRACTICE AND PROCEDURE — application for leave to appeal from decision of Federal Circuit and Family Court — where primary judge ordered that the applicant’s application alleging various contraventions of the Fair Work Act 2009 (Cth) should be summarily dismissed — whether decision of primary judge is attended with sufficient doubt to warrant being reconsidered on appeal — whether the applicant would suffer substantial injustice if leave was refused — application for leave to appeal refused
Legislation: Fair Work Act 2009 (Cth), ss 340, 351
Federal Circuit & Family Court of Australia Act 2021 (Cth), ss 143(1) & (3)
Federal Court of Australia Act 1976 (Cth), ss 24(1A), 31A
High Court Rules 2004 (Cth), O 26, r 18
Cases cited: Abram v Bank of New Zealand [1996] FCA 635
Boensch v Somerville Legal [2021] FCAFC 79
Byrne v Australian Ophthalmic Supplies Pty Ltd [2008] FCA 66; (2008) 169 IR 236
Cox v Journeaux (No 2) [1935] HCA 48; (1935) 52 CLR 713
Dietrich v The Queen [1992] HCA 57; 177 CLR 292
Ermel v Duluxgroup (Australia) Pty Ltd (No 2) [2015] FCA 17
Flightdeck Geelong Pty Ltd v All Options Pty Ltd [2020] FCAFC 138; 280 FCR 479
Hamod v New South Wales [2011] NSWCA 375
House v The King [1936] HCA 40; (1936) 55 CLR 449
In Decor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; (1991) 33 FCR 397
Lamont v Malishus Limited (No 2) [2022] FCA 237
Lenjimar Pty Ltd v AGC (Advances) Ltd [1990] FCA 745
Lindon v Commonwealth of Australia (No 2) [1996] HCA 14; (1996) 136 ALR 251
Mendonca v Legal Services Commissioner [2020] NSWCA 84
Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex Parte Lam [2003] HCA 6; 214 CLR 1
Sekigawa v Minister for Immigration & Border Protection [2016] FCA 127
Spencer v Commonwealth of Australia [2010] HCA 28; (2010) 241 CLR 118
Tomasevic v Travaglini [2007] VSC 337; 17 VR 100
Tulett v Yourtown Pty Ltd [2023] FedCFamC2G 120
Division: Fair Work Division Registry: South Australia National Practice Area: Employment and Industrial Relations Number…
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- AGLC
- Tulett v Yourtown Pty Ltd [2024] FCA 513
- Case
- [2024] FCA 513
- Decision Date
CaseChat Overview and Summary
The court found that the application for leave to appeal should be refused as the decision of the primary judge was not attended with sufficient doubt to warrant reconsideration. Furthermore, it was determined that Mr Tulett would not suffer substantial injustice if leave to appeal was refused. The court also considered the respondents' lack of prejudice and their non-resistance to the extension of time for filing the application for leave to appeal. Consequently, the court granted the extension of time for the applicant to file the application for leave to appeal.
In summary, the court granted the extension of time for the filing of the application for leave to appeal but refused the application for leave to appeal itself. The final orders were that the time within which the applicant could file the application for leave to appeal was extended to 3 June 2023, and the application for leave to appeal was refused.
Orders
Orders of the court
1. The time within which the applicant may file an application for leave to appeal is extended to 3 June 2023.
2. The application for leave to appeal is refused.
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
Ratio Decidendi
Legal Principle Established
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