A non-party may be granted leave to appeal under s 24 of the Federal Court of Australia Act 1976 (Cth) where the non-party is 'aggrieved' by or 'sufficiently interested' in the decision, and a justiciable controversy remains alive while the appeal process has not been exhausted — even where the unsuccessful party has not appealed and the underlying dispute has been resolved. A registered employer or employee organisation may have a 'special interest' sufficient for standing derived from its representative character. The question of whether a 'matter' exists in such circumstances was resolved differently by the majority and dissent, and the issue may warrant further consideration.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.