In Blythe v Moreton Bay Regional Practice Network Limited t/as Moreton Bay General Practice Inc.  FWA 733, FWA did find that exceptional circumstances did exist to justify the granting of an extension of time for bringing an application for unfair dismissal.
Blythe lodged her application less than 24hours late. She had sought legal advice within 6 days of her dismissal, her solicitors had briefed counsel to settle her application and the final application had been provided to town agents for filing within time. The town agents however neglected to file until a day late, despite being required to provide “same day service”.
The FWA Commissioner was satisfied that legal representative error can be a basis for finding that “exceptional circumstances” exist to justify an extension of time, particularly where the conduct of the applicant was blameless and she had actively pursued protection of her rights (in addition to satisfying the other requirements for an extension).
Carter Newell Lawyers – Carter Newell | Publications
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