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Practice Direction No.1
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
PRACTICE DIRECTION NO. 1
Pursuant to Rule 89 of the Industrial Relations Commission Rules 1996
USUAL APPEAL DIRECTIONS
1. The purposes of this Practice Direction 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 Direction will become effective 14 days after publication in the Industrial Gazette.
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 Direction, with such modifications (if any) as the Full Bench/presiding member directs.
4. Nothing in this Practice Direction or Schedule A affects, or is intended to affect, the powers or discretions of a Full Bench/presiding member in relation to the proceedings.
Wright J, President
16 December 1998
SCHEDULE A TO PRACTICE DIRECTION 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 No. 65 dated 8 February 1991 applicable in the Supreme Court of New South Wales in relation to appeals to the Court of Appeal [see (1991) 20 NSWLR 748]; 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. 65 dated 8 February 1991 applicable in the Supreme Court of New South Wales in relation to appeals to the Court of Appeal provides, inter alia:
(1) Where an appellant is required by a direction under Part 51 r 26 to prepare written submissions, the appellant shall, with the appellant’s written submissions —
(a) file a statement in the form below setting out chronologically the principal events leading up to the litigation, together with appropriate references to the Appeal Book;
(b) unless the Registrar otherwise directs, lodge 4 copies in the manner hereinafter provided; and
(c) serve the statement on each other party to the appeal.
(2) Any other party to the appeal who regards the appellant’s statement as inadequate or inaccurate shall —
(a) file that party’s own statement;
(b) unless the Registrar otherwise directs, lodge 4 copies in the manner hereinafter provided; and
(c) serve the statement on each other party to the appeal.
APPELLANT’S (or RESPONDENT’S) CHRONOLOGY
| Date | Event | Volume and Exhibit | Page |
| 22.9.81 | Arrangements in Wagga between Smith and Co for financing of wheat purchases | Vol 2 | 15 |
| 23.11.82 | First request by Brown to Smith and Co for drawdown to pay for wheat purchases | Vol 2 | 58 |
| 30.11.82 | Telex Smith and Co to Brown re above | Vol 2
Exhibit 5 | 58–59
1027 |
| 1.12.82 | “Warehouse receipt” from Jones to Smith and Co | Vol 2 | 33 |
| 7.12.82 | Telex Brown to Smith and Co requesting drawdown to pay for further wheat | Vol 2
Exhibit 6 | 60–61
1028 |
| 6.1.83 | Letter Jones to Smith and Co concerning method of carrying out financial arrangements for barley | Vol 2
Exhibit 7 | 61
1029 |
| 7.1.83 | Internal memorandum of Smith and Co re meeting Allen in Wagga | Vol 2
Exhibit 8 | 143–144
1031 |
(3) Written submissions and chronologies shall be signed by the barrister or solicitor who prepares them or, where they are not prepared by a barrister or solicitor, by or on behalf of the party on whose behalf they are signed, and —
(a) the name of the signatory;
(b) a telephone number at which the signatory can be contacted; and
(c) if available, the signatory’s facsimile number, shall be typed or printed in a neat and legible manner under his signature.
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