Australia, June 5 -- New South Wales Land and Environment Court issued text of the following judgement on May 6:

1. On 26 November 2024 the applicant filed an application for relief from victimisation pursuant to s 213 of the Industrial Relations Act.

2. The matter is before me today for directions, as the applicant sought to vary an order whereby, he must file and serve material by 8 May 2025.

Background

3. This is a brief background and summary of the issues as they relate to what I must consider today. This is in no way intended to be a thorough history of the matter or the issues, particularly given this is an ex tempore decision.

4. After a failed conciliation, directions were made by O'Sullivan C with respect to filing and serving evidence. Those directions or orders are known as the usual directions in this jurisdiction. The Commissioner listed the matter for hearing on 19 and 20 March 2025.

5. As a result of those usual directions, the matter came before me for a compliance hearing on 10 March 2025.

6. The respondent had failed to file in accordance with the usual directions as ordered by the Commission and filed their submissions and evidence over a series of days after the date on which they had been ordered to file.

7. During the course of that listing, I made case management directions which allowed the respondent to rely on two statements which had been filed late, approximately an hour or so after they were due.

8. Additionally, I indicated that anything filed after the time of those statements would require leave from the Commission at the commencement of the hearing to be relied upon, as they had been filed in contravention of the usual directions.

9. To remedy prejudice caused to the applicant by the respondent's failure to comply with the orders and directions of the Commission, I further varied the case management directions to afford the applicant time to consider the material and respond to it.

10. On 13 March 2025 the applicant sought to review my decision pursuant to UCPR 49.19 and 49.20 by way of notice of motion. As a consequence of that motion, the hearing date of the substantive matter was vacated.

11. A further hearing date was allocated, and a fresh set of usual directions were made with regard to the filing and serving of evidence in the substantive matter.

12. O'Sullivan C heard the review on 11 April 2025 and the motion was dismissed.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196a8ac6614623be50fcb398)

Disclaimer: Curated by HT Syndication.