Taj v Western Health [2013] FCA 1226

Taj v Western Health [2013] FCA 1226

It is just in all the circumstances to grant an extension of time as the delay was short, not intentional or contumelious, no prejudice to respondents was identified, an arguable case exists, and the delay was explained by a mistake on the applicant's part and a failure by the former solicitors.

Jurisdiction
Australia
Judgment Date
23 October 2013
Procedural Posture
Application for Extension of Time Under the Fair Work Act 2009 (cth) / Interlocutory Application Extension of Time to File Originating Application
Outcome
Extension of time granted.
Legal Topics
['extension of Time' 'general Protections Applications' 'adverse Action' 'discrimination' 'breach of Employment Contract']
['industrial Law'] ['extension of Time' 'general Protections Applications' 'adverse Action' 'discrimination' 'breach of Employment Contract']

Case Brief

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Procedural Posture

Application for Extension of Time Under the Fair Work Act 2009 (cth) / Interlocutory Application Extension of Time to File Originating Application

Legal Issues

  1. 1 ['Whether an extension of time should be granted for the applicant to file an originating application under the Fair Work Act 2009 (Cth) alleging contraventions of general protections']

Ratio Decidendi

It is just in all the circumstances to grant an extension of time as the delay was short, not intentional or contumelious, no prejudice to respondents was identified, an arguable case exists, and the delay was explained by a mistake on the applicant's part and a failure by the former solicitors.

Court Disposition

Extension of time granted.

Orders

  • ['The time for the applicant to make an originating application under the Fair Work Act 2009 (Cth) alleging contravention of a general protection in relation to matters raised before the Fair Work Commission and the subject of a Certificate issued by that Commission dated 10 September 2013, is extended to 25 October...