Paulsen v City of Hobart
Citation: [2026] FCA 462
At a glance
- Employees affected
- 1
What happened
Paulsen brought a general protections court application against the City of Hobart under the Fair Work Act 2009 (Cth). The application was not filed within the statutory time limit set by the Act. Paulsen applied for an extension of time under section 370(a)(ii) of the Act. The case came before the Federal Court of Australia, which considered whether there was an adequate explanation for the delay in filing.
What was decided
The Federal Court granted the extension of time. The key factor in the court's reasoning was that Paulsen had attempted to file the necessary documents within the statutory time limit but had been unsuccessful in doing so. This meant the delay was not due to inaction or indifference on Paulsen's part. The court was satisfied that an adequate explanation for the delay existed, and the extension was allowed so the general protections claim could proceed.
What it means for employers
Employers facing general protections court applications should be aware that courts may grant an extension of time where an applicant made genuine attempts to file within the deadline but was unsuccessful. A late application will not automatically be dismissed. Employers should seek legal advice promptly upon receiving any application, including one filed outside the usual time limit, as the claim may still proceed.
What it means for employees
Employees who tried to file a general protections court application on time but encountered difficulties in doing so may be able to apply for an extension of time. This case shows that courts can grant such extensions where there is an adequate explanation for the delay, such as an unsuccessful attempt to file within the deadline. Employees in this situation should apply for an extension as soon as possible and keep records of any filing attempts.
Every statement above is drawn from the published decision. Read the original here:
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0462This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →