Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8:

1. Before me is an application by PS for leave to appear on behalf of his wife, LB, in proceedings that she has brought against the New South Wales Department of Education. PS is not a legal practitioner.

2. LB was formerly employed as a teacher by the Department. The dispute between LB and the Department arose on 19 December 2024, when LB was provided with a letter from the Department which essentially declared her teaching position to be vacant. It is alleged that there was an incident in a classroom on 18 December 2024 during which LB was assaulted by an aggressive male student.

3. On 28 February 2025, LB filed in the Industrial Relations Commission of New South Wales an unfair dismissal application and an application seeking an order, amongst other things, preventing the Department from dismissing her (First Interlocutory Application).

4. On 17 April 2025, Commissioner O'Sullivan of the Commission dismissed the First Interlocutory Application, finding that the balance of convenience favoured the Department.

5. On 1 May 2025, LB filed an application for leave to appeal the decision of Commissioner O'Sullivan.

6. On 2 May 2025, the Department wrote to LB informing her that her employment would end on 8 May 2025.

7. On 5 May 2025, LB filed a notice of motion making a further interlocutory application seeking orders to stay the dismissal of the First Interlocutory Application and restraining the Department from taking any further steps towards the dismissal of LB (Second Interlocutory Application).

8. On 6 May 2025, the Second Interlocutory Application was heard urgently and dismissed by President Taylor of the Commission. President Taylor permitted PS to appear on behalf of LB at that hearing. In reaching that decision, President Taylor stated that "the prospects of success of the appeal are not strong".

9. On 7 May 2025, LB commenced these proceedings by filing the summons which seeks relief in the form of certiorari, prohibition, declaration, an order for reinstatement and interlocutory injunctive relief against the Department. The relief focused on the letter dated 19 December 2024 from the Department to LB.

10. The summons was filed in court pursuant to leave granted to LB by Slattery J sitting as the Duty Judge. In doing so, Slattery J also made an order and notation in the following terms:

GRANTS leave to [PS] to appear as the next friend on behalf of the proposed plaintiff [LB] to make the present application today but FURTHER NOTES the leave granted today does not extend indefinitely in these proceedings without further application by [PS] as to why he, rather than [LB] should propound the application.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19888c8ccf28c0679578337a)

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