Construction Forestry Mining & Energy Union of Australia v Alfred [2003] FCA 1245

The delay in seeking leave to appeal was explained sufficiently and the appeal was arguable; therefore, the time for seeking leave to appeal should be extended and leave to appeal granted, provided notice of appeal is filed by the next day.

Jurisdiction: Australia
Judgment Date: 21 October 2003
Procedural Posture: Interlocutory Application (leave to Appeal) / Application for Extension of Time and Leave to Appeal Interlocutory Orders
Outcome: Application granted
Legal Topics: ['privilege Against Self Incrimination' 'extension of Time to Appeal' 'leave to Appeal Interlocutory Orders']

['labour Law' 'civil Procedure'] ['privilege Against Self Incrimination' 'extension of Time to Appeal' 'leave to Appeal Interlocutory Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Interlocutory Application (leave to Appeal) / Application for Extension of Time and Leave to Appeal Interlocutory Orders

Legal Issues

1 ['Whether time should be extended for application for leave to appeal from interlocutory orders' 'Whether leave to appeal should be granted concerning the requirement to file a defence potentially incriminating to civil penalty liability']

Ratio Decidendi

Court Disposition

Application granted

Orders

['Time for application for leave to appeal extended to 7 October 2003' 'Applicants granted leave to appeal, exercisable by filing a notice of appeal by 22 October 2003' 'Costs of the application reserved for determination in the appeal proceeding']