McCullough v Allan [2015] FCA 1101

McCullough v Allan [2015] FCA 1101

The extension of time and leave to appeal were granted because the proposed appeal raised a reasonably arguable jurisdictional question about whether persons alleged to have accessorial liability under s 550 of the Fair Work Act could be sued when not named in the Fair Work Commission certificate under s 368; the point was fundamental and of pervasive general importance, the delay was short, and s 24(1AA) of the Federal Court of Australia Act was not so clearly applicable as to make the appeal foredoomed.

Jurisdiction
Australia
Judgment Date
06 October 2015
Procedural Posture
Application for Extension of Time and Leave to Appeal From the Federal Circuit Court of Australia / Extension of Time and Leave to Appeal
Outcome
Extension of time within which to apply for leave to appeal and leave to appeal granted; costs reserved.
Legal Topics
['adverse Action Under the Fair Work Act 2009 (cth)' 'accessorial Liability' 'fair Work Commission Certificate' 'jurisdiction of the Federal Circuit Court' 'extension of Time' 'leave to Appeal']
['industrial Law' 'employment Law' 'appellate Procedure'] ['adverse Action Under the Fair Work Act 2009 (cth)' 'accessorial Liability' 'fair Work Commission Certificate' 'jurisdiction of the Federal Circuit Court' 'extension of Time' 'leave to Appeal']

Case Brief

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Procedural Posture

Application for Extension of Time and Leave to Appeal From the Federal Circuit Court of Australia / Extension of Time and Leave to Appeal

Legal Issues

  1. 1 ['Whether it was reasonably arguable that the Federal Circuit Court lacked jurisdiction to hear claims against accessorial respondents who were not named in the certificate issued by the Fair Work Commission under s 368 of the Fair Work Act 2009 (Cth).' 'Whether s 24(1AA) of the Federal Court of Australia Act 1976 (Cth) denied appellate jurisdiction in respect of the orders made by the Federal Circuit Court.' 'Whether the applicants should receive an extension of time despite filing outside the required 14 day period.']

Ratio Decidendi

The extension of time and leave to appeal were granted because the proposed appeal raised a reasonably arguable jurisdictional question about whether persons alleged to have accessorial liability under s 550 of the Fair Work Act could be sued when not named in the Fair Work Commission certificate under s 368; the point was fundamental and of pervasive general importance, the delay was short, and s 24(1AA) of the Federal Court of Australia Act was not so clearly applicable as to make the appeal foredoomed.

Court Disposition

Extension of time within which to apply for leave to appeal and leave to appeal granted; costs reserved.

Orders

  • ['The first and second applicants be granted an extension of time from 3 September 2015 to 8 September 2015 to file an application for leave to appeal from the judgment of the Federal Circuit Court of Australia, delivered in Brisbane on 20 August 2015 in proceeding number BRG 491 of 2015.' 'The first and second...