INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
PRACTICE NOTE NO. 2
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First Issue Date:
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16 December 1998
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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.
LISTS OF
AUTHORITIES AND LEGISLATION
1. The purpose of
this Practice Note is to enable the timely provision of lists of authorities
and legislation so as to facilitate the hearing of all matters before the
Commission, both at first instance and on appeal.
2. This Practice
Note has effect from the date of re-issue.
3. Each party
appearing in proceedings shall file a typewritten list of authorities and
legislation, in sufficient copies for each member of the Commission concerned,
with the Industrial Registry no later than 10.00 am on the last working day
before the hearing of the matter. Filing may be effected by facsimile
transmission.
4. A supplementary
list of no more than four authorities and legislation may be filed, by
facsimile transmission or otherwise, no later than 4.00 pm on the last working
day before the hearing.
5. A copy of the
list (or lists) of authorities and legislation should be served on the other
parties, by facsimile transmission or otherwise, no later than 4.00 pm on the last
working day before the hearing.
6. The list should
be divided into two parts. Part "A" should contain only the
authorities and legislation from which passages are to be read or specifically
referred to. Part "B" should contain the authorities and legislation
which might be referred to generally but from which passages are not to be read
or referred to specifically. The relevant sections of legislation should be
specified.
7. If lists of
authorities and legislation are not provided in accordance with this Practice
Note then the defaulting party shall make available at the hearing sufficient
photocopies of cases for use by the Commission and the other parties.
8. The Commission
will not ordinarily have available for use at the hearing those cases on the
lists of authorities except:
(a) cases in Part
"A" of the lists that are reported in the Commonwealth Law Reports,
New South Wales Law Reports, Commonwealth Arbitration Reports, Arbitration
Reports (N.S.W.), Industrial Reports, Federal Law Reports (Volumes 1 to 137),
Australian Law Reports, Industrial Arbitration Service Current Review,
Industrial Relations Court Reports, State Reports (New South Wales) and
(b) in hearings
before single members of the Commission at 47 Bridge Street Sydney - cases in Part
"A" reported in the reports listed in subparagraph (a) of this
paragraph and the Australian Criminal Reports, Australian Law Journal Reports,
Australian and New Zealand Equal Opportunity Cases, Federal Court Reports,
Federal Law Reports, New South Wales Reports (1960-1970), New South Wales
Weekly Notes, Queensland Government Industrial Gazette, South Australian
Industrial Reports, Victorian Law Reports (1905 to 1956), Victorian Reports,
Western Australian Industrial Gazette and English cases reported in the
following reports:
(i) Authorised
Reports
(ii) Weekly Law
Reports
(iii) All England
Law Reports (1936 to 1993)
(iv) Industrial
Cases Reports (1972 to 1993)
(v) Industrial
Relations Law Reports (1973 to 1990).
9. It is the
responsibility of a party intending to refer at any length to additional cases
(that is, cases not included in Part "A" of a list of authorities
filed in accordance with this Practice Note or cases in reports not referred to
in the relevant subparagraph of paragraph 8) to provide photocopies of those
cases (or relevant parts of them) to be made available to the Commission during
the argument.
10. It is the
responsibility of a party intending to rely upon any material (including a
decision/judgment) contained in a loose-leaf service, an unreported
decision/judgment (other than an unreported decision/judgment of the
Commission), or any text book, reference book, published article or dictionary
to provide photocopies, or the relevant extract therefrom, for the use of the
Commission to be made available during the argument.
11. Cases in Part
"B" of the lists of authorities will not be obtained by the
Commission before the hearing begins. If a party decides to refer at any length
to such a case during the hearing, then, as soon as possible, a note should be
passed to the court officer that the particular case will be required or else
the relevant party shall provide photocopies for the use of the Commission.
12. It should be
noted that:
(a) The Commission
does not wish to be provided with photocopies of cases unnecessarily. Where
relevant reports are readily available to the Commission, as identified herein,
the Commission’s preference is to use those reports.
(b) For the purposes
of awarding of costs -
(i) the provision
of photocopies of cases at the hearing before the Commission is not ordinarily
considered a discharge of the party’s responsibility to provide proper
assistance to the Commission for the hearing of the proceedings; and
(ii) the costs of
providing photocopies of cases to the Commission or to another party for the
purposes of a hearing before the Commission (where such photocopies are
provided because of the requirements of paragraph 7 of this Practice Note)
shall not be allowed as part of the costs of any party in the proceedings or
charged by any legal practitioner to his or her client, without a specific
order being made by the Commission or the Registrar which provides for the
allowance of such costs or charge, as the case may be.
Boland J, President
1 February 2010
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Printed by
the authority of the Industrial Registrar.