Elvin v Fair Work Ombudsman [2022] FCA 881

Elvin v Fair Work Ombudsman [2022] FCA 881

The Court has no jurisdiction to grant leave to appeal or extension of time where no relevant judgment or order has yet been made; in respect of the single interlocutory order challenged, leave to appeal is refused because no sufficient doubt or substantial injustice was demonstrated, and the complaint relates only to a procedural step in an unfinished proceeding.

Jurisdiction
Australia
Judgment Date
29 July 2022
Procedural Posture
Application for Extension of Time and Leave to Appeal / Interlocutory Application Determined on the Papers
Outcome
Application for extension of time and leave to appeal refused
Legal Topics
['extension of Time' 'leave to Appeal' 'jurisdiction' 'interlocutory Orders' 'procedural Fairness']
['practice and Procedure' 'employment Law'] ['extension of Time' 'leave to Appeal' 'jurisdiction' 'interlocutory Orders' 'procedural Fairness']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal / Interlocutory Application Determined on the Papers

Legal Issues

  1. 1 ['Whether the Court has jurisdiction to grant extension of time and leave to appeal in absence of a relevant judgment or order' 'Whether leave to appeal should be granted against interlocutory orders' 'Whether procedural fairness was denied by procedural orders of the primary judge']

Ratio Decidendi

The Court has no jurisdiction to grant leave to appeal or extension of time where no relevant judgment or order has yet been made; in respect of the single interlocutory order challenged, leave to appeal is refused because no sufficient doubt or substantial injustice was demonstrated, and the complaint relates only to a procedural step in an unfinished proceeding.

Court Disposition

Application for extension of time and leave to appeal refused

Orders

  • ['The application for an extension of time and leave to appeal be refused.']