INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

PRACTICE NOTE NO. 2A

 

 

Re-issued pursuant to Section 185A of the Industrial Relations Act 1996 and Section 15 of the Civil Procedure Act 2005.

 

LISTS OF AUTHORITIES AND LEGISLATION

1.      This Practice Note has effect from 1 July 2024.  It applies to proceedings in the Industrial Relations Commission and the Industrial Court other than criminal matters.

 

Usual requirements

 

2.      Each party wishing to rely on authorities or legislation at a hearing shall file a list of authorities and legislation, along with an authorities bundle with the Industrial Registry, no later than 10.00 am one working day before the hearing. Filing of the list and the authorities bundle is to be effected by email and hard copy.  The hard copy must be filed at the Registry location (Sydney or Parramatta) where the matter is to be heard. A copy of the list of authorities and legislation is to be served on the other parties at the time of filing.

 

3.      Lists should be divided into two parts. Part "A" should list the authorities and legislation from which passages are to be read and identify the specific passages or sections of legislation. Part "B" should contain authorities and legislation which will be referred to generally, but from which passages are not to be read or referred to specifically.

 

4.      Only authorities listed in Part “A” are to be included in the authorities bundle.

 

5.      A supplementary list and authorities bundle of no more than four authorities and legislation may be filed by email and, where possible, hardcopy, no later than 4.00 pm on the last working day before the hearing. If hard copies of the supplementary authorities are not able to be filed in advance at the Registry location where the matter is to be heard, they are to be provided at the commencement of the hearing.

 

6.      The Commission encourages the parties to confer with a view to providing a joint bundle of authorities. 

 

7.      Where an authorities bundle is provided electronically, it is to be in the following format:

 

a.      A single Portable Document Format (PDF) that is text-searchable;

 

b.      Each separate authority within the PDF is to be bookmarked with tab numbers that replicate the tab numbers in the hardcopy;

 

c.      It is to commence with the index, which is to include the matter number.

 

8.      For Full Bench matters, sufficient hardcopy bundles are to be provided to ensure each member of the Bench has one.

 

Requirements for Appeals and large matters

 

9.      For appeals and any other matter designated by directions as large, the following requirements apply in lieu of paragraphs 2 and 6 above.

 

10.   Each party wishing to rely on authorities or legislation at a hearing, shall file by email or hardcopy a list of authorities and legislation with the Industrial Registry, no later than 4.00 pm three working days before the hearing. A copy of the list of authorities and legislation is to be served on the other parties at the time of filing.

 

11.   A party (the applicant unless otherwise agreed) is to prepare a joint index and bundle of authorities and no later than 10.00 am one working day before the hearing, is to file an electronic copy plus three hardcopies of that joint bundle at the Registry location (Sydney or Parramatta) where the matter is to be heard. 

 

12.   Otherwise, the usual requirements apply.

 

Justice I Taylor

President

1 July 2024

 

Revision history

 

First Issue Date:	16 December 1998
Re-Issue Date	1 February 2010
Further Re-Issue Date	15 November 2017 Replacing Practice Note 2
Further Re-Issue Date	1 July 2024