Hennessy v Barminco Limited [2022] FCA 9

Hennessy v Barminco Limited [2022] FCA 9

Given the 28-minute delay was minor and caused by solicitor error, and there was no prejudice to the respondent, an extension of time was warranted despite an unsatisfactory explanation for the delay.

Jurisdiction
Australia
Judgment Date
14 January 2022
Procedural Posture
Interlocutory Application / Application for Extension of Time and Amendment of Originating Application
Outcome
Extension of time granted; leave to amend granted; costs reserved.
Legal Topics
['extension of Time' 'general Protections Dismissal' 'filing Error' 'statement of Claim Amendment']
['employment Law' 'industrial Relations' 'practice and Procedure'] ['extension of Time' 'general Protections Dismissal' 'filing Error' 'statement of Claim Amendment']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Extension of Time and Amendment of Originating Application

Legal Issues

  1. 1 ['Whether to grant an extension of time for filing an originating application under s 370 of the Fair Work Act 2009 (Cth)' "Whether to permit amendment of the originating application to replace 'Details of claim under the Fair Work Act' with 'Statement of Claim'"]

Ratio Decidendi

Given the 28-minute delay was minor and caused by solicitor error, and there was no prejudice to the respondent, an extension of time was warranted despite an unsatisfactory explanation for the delay.

Court Disposition

Extension of time granted; leave to amend granted; costs reserved.

Orders

  • ['Pursuant to s 370 of the Fair Work Act 2009 (Cth), the time within which the Originating application in this proceeding be lodged is extended up to and including 22 November 2021.' 'Costs reserved.' "The applicant have leave to amend the Originating application to replace the heading 'Details of claim under the...