Ross, Michael John v Australia Postal Commission & Ors [1982] FCA 268

Ross, Michael John v Australia Postal Commission & Ors [1982] FCA 268

The time period prescribed by Regulation 18(1) for lodging a disciplinary appeal is mandatory and non-compliance deprives the Board of jurisdiction to hear the appeal; there was no waiver or conduct by the Commission amounting to waiver, even if waiver were possible.

Parties
Applicant: Michael John Ross; First Respondent: Australian Postal Commission; Second Respondent: W. Lewer; Third Respondent: E. Wilson; Fourth Respondent: G. Koscharskij
Jurisdiction
Australia
Judgment Date
10 December 1982
Procedural Posture
Application for Order of Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Statutory Interpretation, Procedural Requirements, Time Limits for Appeals, Waiver
Administrative Law Judicial Review Statutory Interpretation Procedural Requirements Time Limits for Appeals Waiver

Case Brief

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Parties

Michael John Ross

Applicant

Australian Postal Commission

First Respondent

W. Lewer

Second Respondent

E. Wilson

Third Respondent

G. Koscharskij

Fourth Respondent

Procedural Posture

Application for Order of Review / Final Judgment

Legal Issues

  1. 1 Whether the fourteen-day period for lodging a disciplinary appeal under Regulation 18(1) is mandatory or directory
  2. 2 Whether the period specified by Regulation 18(1) can be waived, and if so, whether it was waived in this case

Ratio Decidendi

The time period prescribed by Regulation 18(1) for lodging a disciplinary appeal is mandatory and non-compliance deprives the Board of jurisdiction to hear the appeal; there was no waiver or conduct by the Commission amounting to waiver, even if waiver were possible.

Court Disposition

Application dismissed

Orders

  • The application be dismissed
  • The applicant pay the respondents' costs