Queensland Marine and General Insurance Management Pty Ltd v Fair Work Ombudsman [2011] FCA 852

Queensland Marine and General Insurance Management Pty Ltd v Fair Work Ombudsman [2011] FCA 852

Special reasons for granting an extension of time to appeal exist due to agreement between parties, efforts by applicants to lodge appeal within time, and a combination of solicitor and registry errors. Procedural defects in notice of appeal should not prevent justice; extension is granted and oral applications for extension of time and stay are deemed sufficient.

Parties
First Applicant: Queensland Marine and General Insurance Management Pty Ltd ACN 010 887 644; Second Applicant: Peter Ralph Martinuzzi; Third Applicant: Queensland Marine and General Insurance Brokers Pty Ltd; Respondent: Fair Work Ombudsman
Jurisdiction
Australia
Judgment Date
25 July 2011
Procedural Posture
Application for Extension of Time to Appeal / Determination of Application for Extension of Time and Related Orders
Outcome
Extension of time to appeal granted; procedural irregularities regularised; oral applications accepted; stay application adjourned; costs ordered as respondent's costs in the appeal; amendment of respondent's name ordered.
Legal Topics
Extension of Time to Appeal, Leave to File Notice of Appeal Out of Time, Procedural Orders, Costs, Stay of Execution
Practice and Procedure Employment Law Extension of Time to Appeal Leave to File Notice of Appeal Out of Time Procedural Orders Costs Stay of Execution

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Parties

Queensland Marine and General Insurance Management Pty Ltd ACN 010 887 644

First Applicant

Peter Ralph Martinuzzi

Second Applicant

Queensland Marine and General Insurance Brokers Pty Ltd

Third Applicant

Fair Work Ombudsman

Respondent

Procedural Posture

Application for Extension of Time to Appeal / Determination of Application for Extension of Time and Related Orders

Legal Issues

  1. 1 Whether the applicants should be granted an extension of time to appeal orders made by the Federal Magistrates Court.
  2. 2 Whether special reasons exist to justify granting leave to appeal out of time.
  3. 3 Whether an oral application for extension of time and stay is sufficient.

Ratio Decidendi

Special reasons for granting an extension of time to appeal exist due to agreement between parties, efforts by applicants to lodge appeal within time, and a combination of solicitor and registry errors. Procedural defects in notice of appeal should not prevent justice; extension is granted and oral applications for extension of time and stay are deemed sufficient.

Court Disposition

Extension of time to appeal granted; procedural irregularities regularised; oral applications accepted; stay application adjourned; costs ordered as respondent's costs in the appeal; amendment of respondent's name ordered.

Orders

  • Each applicant granted extension of time to appeal orders of 4 February 2010 declaring contraventions/involvement.
  • Extension of time also granted to appeal orders of 15 March 2011.