INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
PRACTICE NOTE NO. 1
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First Issue Date:
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14 July 2000
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Re-Issue Date:
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1 February 2010
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Re-issued pursuant to Section 185A of the Industrial
Relations Act 1996 and Section 15 of the Civil Procedure Act 2005.
USUAL APPEAL
DIRECTIONS
1. The purposes of
this Practice Note are:
(a) to advise the
requirements of the Commission in relation to appropriate procedures for
appeals; and
(b) to facilitate
the making of directions as to appeals.
2. This Practice
Note has effect from the date of re-issue.
3. Where a Full
Bench, or a presiding member of a Full Bench, makes "the usual
directions" in relation to an appeal, the directions given will be those
set out in Schedule A to this Practice Note, with such modifications (if any)
as the Full Bench/presiding member directs.
4. Nothing in this
Practice Note or Schedule A affects, or is intended to affect, the powers or
discretions of a Full Bench/presiding member in relation to the proceedings.
Boland J, President
1 February 2010
SCHEDULE A TO
PRACTICE NOTE NO. 1
BEFORE A FULL BENCH
OF THE INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH OF THE
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
IN COURT SESSION
USUAL APPEAL
DIRECTIONS
The Full Bench/presiding member makes the following
directions:
1. The appellant
shall by 4.00 pm on the day six weeks before the hearing date, file 4 copies
of, and serve -
(i) a detailed
outline of submissions in relation to the appeal;
(ii) a chronology
which should usually be in the form of the chronology specified in Practice
Note SC CA No 1 issued on 27 March 2009 applicable in the Supreme Court of New
South Wales in relation to appeals to the Court of Appeal; and
(iii) a written
narrative submission on the question of leave to appeal, which document should
not exceed three A4 pages of double-spaced typing.
2. The respondent
shall by 4.00 pm on the day four weeks before the hearing date, file 4 copies
of, and serve -
(i) a detailed
outline of submissions in reply as to the appeal;
(ii) if the
respondent considers it necessary, a chronology in reply which shall be limited
to those areas where the respondent disputes matters set out in the appellant’s
chronology; and
(iii) a written
narrative submission on the question of leave to appeal, which document should
not exceed three A4 pages of double spaced typing.
3. The appellant
shall by 4.00 pm on the day two weeks before the hearing date, file 4 copies
of, and serve, replies to the documents filed and served by the respondent in
accordance with direction 2 above.
4. The appeal is
listed for hearing before the Full Bench on .........., on the basis of an
estimate of .........day(s) for the hearing.
5. Liberty to
apply on short notice; such liberty to be exercised by application made to the
Associate to the presiding member of the Full Bench and the Full Bench
delegates its powers for the purposes of giving directions to the presiding
member.
The Full Bench expects that either or both parties will
promptly arrange for the matter to be listed before the Commission pursuant to
the liberty to apply should there be any non-compliance with the timetable
which could result in the Full Bench not receiving all submissions in the
appeal not less than 14 days before the date fixed for the hearing.
The term "hearing date" in these directions refers
to the date set down for the hearing of the appeal or, if more than one date is
set, the first of those dates.
NOTE:
Practice Note No. SC CA 1 of 27 March 2009 applicable in the
Supreme Court of New South Wales in relation to appeals to the Court of Appeal
provides, inter alia:
35. Chronologies
prepared in accordance with r 51.35 must be filed in an appeal by the appellant
(r 51.34(1)(b)) and may be filed by the respondent (r 51.34(2)). It must
contain cross-references to the Appeal Book. The chronology should be an
objectively correct statement of "the principal events leading up to the
litigation" and should not be a chronology merely of those matters of assistance
to one party or the other: Woods v Harwin (CA(NSW), Mahoney AP, Clarke and
Meagher JJA, 5 November 1993, unreported). The chronology should include key
events in the litigation, such as the commencement of the proceedings in the
court below. Failure to file a proper chronology may have adverse costs
consequences.
The following is the suggested form for chronologies:
APPELLANT (OR
RESPONDENT'S) CHRONOLOGY
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DATE
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EVENT
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VOLUME AND
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PAGE
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EXHIBIT NO.
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22.09.2001
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Arrangements in Wagga between
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Vol 2
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15
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Smith and Co for financing of
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wheat purchases
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23.11.2001
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First request by Brown to Smith
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Vol 2
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58
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and Co for drawdown to pay for
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wheat purchases
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30.11.2001
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Fax Smith and Co to Brown re
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Vol 2
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58-59
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at 0930 hrs
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above
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(Exhibit 5)
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30.11.2001
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Telex Brown to Smith and Co
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Vol 2
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33
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at 1145 hrs
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requesting drawdown to pay for
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further wheat
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01.12.2001
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"Warehouse receipt" from Jones
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Vol 2
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60-61
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to Smith and Co
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(Exhibit 6)
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06.01.2002
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Letter Jones to Smith and Co
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Vol 2
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61
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concerning method of carrying out
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(Exhibit 7)
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financial arrangements for barley
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07.01.2002
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Internal memorandum of Smith
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Vol 2
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143-144
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and Co re meeting Allen in Wagga
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(Exhibit 8)
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