Jovcic v Coopers Brewery Limited [2023] FCA 797

Jovcic v Coopers Brewery Limited [2023] FCA 797

The 19 day delay was not significant. Although the explanation for the delay was confused and not entirely satisfactory, the applicants had been taking steps with a view to challenging the original decision of the Fair Work Commission. The first respondent advanced no evidence or submissions of prejudice and no longer opposed the application. On the material and submissions before the Court, it could not be said that the proposed appeal had no reasonable prospects of success. Considering these matters as a whole, the time within which to appeal should be extended.

Jurisdiction
Australia
Judgment Date
13 July 2023
Procedural Posture
Application for an Extension of Time Within Which to Appeal From Final Orders Pursuant to R 36.05 of the Federal Court Rules 2011 (cth) / Determined on the Papers
Outcome
Extension of time granted.
Legal Topics
['extension of Time to Appeal' 'notice of Appeal' 'fair Work Commission Unfair Dismissal Proceedings' 'judicial Review' 'alternative Statutory Appeal Procedure']
['practice and Procedure' 'employment and Industrial Relations'] ['extension of Time to Appeal' 'notice of Appeal' 'fair Work Commission Unfair Dismissal Proceedings' 'judicial Review' 'alternative Statutory Appeal Procedure']

Case Brief

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Procedural Posture

Application for an Extension of Time Within Which to Appeal From Final Orders Pursuant to R 36.05 of the Federal Court Rules 2011 (cth) / Determined on the Papers

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time under r 36.05 of the Federal Court Rules 2011 (Cth) to file a notice of appeal from orders made on 5 April 2023.' 'Whether the 19 day delay was satisfactorily explained.' 'Whether any prejudice to the first respondent militated against an extension of time.' 'Whether the proposed appeal had reasonable prospects of success.']

Ratio Decidendi

The 19 day delay was not significant. Although the explanation for the delay was confused and not entirely satisfactory, the applicants had been taking steps with a view to challenging the original decision of the Fair Work Commission. The first respondent advanced no evidence or submissions of prejudice and no longer opposed the application. On the material and submissions before the Court, it could not be said that the proposed appeal had no reasonable prospects of success. Considering these matters as a whole, the time within which to appeal should be extended.

Court Disposition

Extension of time granted.

Orders

  • ['The applicants\' application for an extension of time within which to file a Notice of appeal in terms of the Draft Notice of appeal, which is exhibit "PSS-3" to the affidavit of Parambir Singh Sekhon affirmed on 22 May 2023, be granted and the time be extended to 20 July 2023.' 'The listing of this proceeding on...