Maleknia v University of Sydney

[2016] NSWCA 108

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Jurisdiction
3. › Court of Appeal
4. › Appeal from Fair Work Commission
5. › Whether state Court of Appeal has jurisdiction to hear appeal from federal industrial tribunal
6. › Fair Work Act 2009 (Cth)
1. Practice and Procedure
2. › Dismissal without hearing
3. › No jurisdiction
4. › Proceedings manifestly hopeless
5. › Dismissal for want of jurisdiction
1. Practice and Procedure
2. › Adjournment
3. › Refusal of further adjournment
4. › Whether adjournment should be granted where previous adjournment not utilised for stated purpose

Quick Take

The NSW Court of Appeal has no jurisdiction to hear appeals from decisions of the Fair Work Commission. The Fair Work Act 2009 (Cth) establishes its own appeal regime, and no statute confers appellate jurisdiction on state courts in respect of Fair Work Commission decisions.

Case Details

Citation[2016] NSWCA 108

CourtNSWCA

JurisdictionNew South Wales

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Cited by2

2018Herbert v American Express Australia LimitedFCA 1790
2017Herbert v American Express Australia LimitedNSWSC 367

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