LINDSAY v ASSOCIATED FURNISHERS Ltd [1997] IRCA 30

DECISION NO:30/97 CATCHWORDS

INDUSTRIAL LAW -TERMINATION OF EMPLOYMENT - COSTS ordered against a barrister who filed a Notice of Ceasing to Act in the Court Registry, without informing his client, three days before the listed trial date, thereby causing the adjournment of the trial - Section 347 of the Workplace Relations Act, 1996 does not affect the power of the Court to order costs against persons who are not parties to the proceedings. STATUTORY INTERPRETATION - The words "authorised representative" in Order 45 of the Rules of the Industrial Relations Court of Australia refer to all persons, other than solicitors, who are authorised by section 469 of the Workplace Relations Act, 1996 to appear and represent parties before the Court. This included Counsel.

Workplace Relations Act, 1996: s469, s347 Order 45 of the Rules of the Industrial Relations Court of Australia

LINDSAY -v- ASSOCIATED FURNISHERS LIMITED NI 1864 of 1996

Before: PATCH JR Place: SYDNEY Date/s of hearing: 17 JANUARY 1997 Date of judgment: 17 JANUARY 1997

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

NI 1864 of 1996

BETWEEN:

DAVID ELLIS LINDSAY Applicant

AND

ASSOCIATED FURNISHERS LIMITED Respondent

MINUTES OF ORDERS

17 January 1997 PATCH JR

THE COURT ORDERS THAT: 1. Keith M. Chamberlain pay the costs of the respondent of and incidental to the hearing of this matter which was fixed for 5 December 1996 that were thrown away in consequence of the adjournment of the hearing and the respondent's costs of and incidental to this motion, in the total sum of $6,620.75, within 21 days of today.

Note: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY

NI 1864 of 1996

BETWEEN: