Lee v Fair Work Commission [2020] FCA 1204

Lee v Fair Work Commission [2020] FCA 1204

The applicant's explanations for delay were acceptable in context, but the grounds of appeal lacked sufficient merit because the primary Judge had clear power to summarily dismiss the proceedings, no vitiating conflict or bias was established, and the asserted legal errors or procedural unfairness did not amount to reasons warranting leave to appeal. There was no sufficient doubt attending the decisions below to justify reconsideration, so the applications should be dismissed.

Parties
Applicant: Jeremy Lee; First Respondent: Fair Work Commission; Second Respondent: Commissioner Jennifer Hunt; Second Respondent (qud 66 of 2020): Deputy President Sams; Third Respondent (qud 66 of 2020): Commissioner McKinnon (and another named in the Schedule); Fourth Respondent (qud 66 of 2020): Deputy President Gostencnik
Jurisdiction
Australia
Judgment Date
21 August 2020
Procedural Posture
Application for Extension of Time and Leave to Appeal / Determination of Applications to Extend Time and for Leave to Appeal Interlocutory Decision
Outcome
Applications for extension of time and leave to appeal dismissed.
Legal Topics
Extension of Time, Leave to Appeal, Judicial Review, Natural Justice, Bias and Apprehended Bias, Privacy, Summary Dismissal, Procedural Fairness
Employment Law Industrial Relations Practice and Procedure Extension of Time Leave to Appeal Judicial Review Natural Justice Bias and Apprehended Bias +3 more

Case Brief

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Parties

Jeremy Lee

Applicant

Fair Work Commission

First Respondent

Commissioner Jennifer Hunt

Second Respondent

Deputy President Sams

Second Respondent (qud 66 of 2020)

Commissioner McKinnon (and another named in the Schedule)

Third Respondent (qud 66 of 2020)

Deputy President Gostencnik

Fourth Respondent (qud 66 of 2020)

Procedural Posture

Application for Extension of Time and Leave to Appeal / Determination of Applications to Extend Time and for Leave to Appeal Interlocutory Decision

Legal Issues

  1. 1 Whether an extension of time and leave to appeal should be granted from summary dismissal of applications for judicial review concerning alleged bias and procedural unfairness
  2. 2 Whether adequate explanation for delay in seeking leave to appeal was provided
  3. 3 Whether the primary Judge’s summary dismissal was attended with sufficient doubt to justify a grant of leave to appeal

Ratio Decidendi

The applicant's explanations for delay were acceptable in context, but the grounds of appeal lacked sufficient merit because the primary Judge had clear power to summarily dismiss the proceedings, no vitiating conflict or bias was established, and the asserted legal errors or procedural unfairness did not amount to reasons warranting leave to appeal. There was no sufficient doubt attending the decisions below to justify reconsideration, so the applications should be dismissed.

Court Disposition

Applications for extension of time and leave to appeal dismissed.

Orders

  • The application for extension of time and leave to appeal filed on 11 March 2020 be dismissed in QUD 65 of 2020.
  • The application for extension of time and leave to appeal filed on 11 March 2020 be dismissed in QUD 66 of 2020.