Wild v Action Industrial Catering

In *Wild v Action Industrial Catering*, heard by Kendall J, the dispute concerned an application by Mr Wild for an extension of time to file a claim. Action Industrial Catering submitted that Mr Wild had failed to provide adequate reasons for the delay in filing his claim, arguing that he had taken no steps to pursue his claim between 21 December 2020 and 4 January 2021, and that correspondence from his spouse should not be considered as action by Mr Wild. They further contended that Mr Wild had not provided evidence of attempts to file his claim in person or online during the relevant period, and that he knew by 7 January 2021 that his claim had not been filed but took no further steps until 29 January 2021. Action Industrial Catering also argued that they were entitled to assume the matter had reached finality and would be prejudiced by an extension, and that there was no public interest favouring Mr Wild.

The court was required to determine whether Mr Wild had provided an acceptable explanation for the delay in filing his claim and whether an extension of time should be granted. This involved assessing the evidence of Mr Wild's attempts to file his claim, considering his status as a self-represented litigant, and weighing any prejudice to Action Industrial Catering against the potential merit of Mr Wild's claim and the public interest in enforcing workplace rights.

Kendall J found that there was arguably merit in Mr Wild's claim, which weighed in favour of granting an extension. The judge considered the delay to be minimal and the explanation provided to be acceptable, noting Mr Wild's efforts as a self-represented litigant and his apology for the delay. Crucially, the court found no prejudice to Action Industrial Catering and identified a public interest in identifying breaches of the Act. Accordingly, the court ordered an extension of time to commence proceedings up to and including the date of filing, requiring Action Industrial Catering to file a response within 14 days and referring the matter to mediation.