SafeWork NSW v CJ Formwork Pty Ltd; SafeWork NSW v Growthbuilt Pty Ltd [2020] NSWDC 501

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v CJ Formwork Pty Ltd; SafeWork NSW v Growthbuilt Pty Ltd [2020] NSWDC 501 Hearing dates: 2 September 2020 Date of orders: 4 September 2020 Decision date: 04 September 2020 Jurisdiction: Criminal Before: Russell SC DCJ Decision: (1) Direct that Jeff Burnette give evidence to the court by audio visual link using MS Teams software from a conference room with AVL facilities provided by the Queensland Law Society. (2) Direct that when Jeff Burnette is giving evidence by AVL, the only other person who may be in the room with him is an independent legal practitioner agreed upon by the parties, or in default of agreement, nominated by the President of the Queensland Law Society. (3) Direct that Peyman Khaleghi give evidence to the court by audio visual link using MS Teams software from a conference room with AVL facilities provided by the Law Institute of Victoria. (4) Direct that whenever Peyman Khaleghi is giving evidence by AVL, the only other people who may be in the room with him are an accredited interpreter and an independent legal practitioner agreed upon by the parties, or in default of agreement, nominated by the President of the Law Institute of Victoria. (5) Direct that the prosecutor and the defendant supply to each independent legal practitioner indexed and paginated folders of documents to be shown to the relevant witness; the defendant's folder is only to be provided to the witness upon the request of counsel for the defendant. (6) Grant liberty to apply to my Associate to re-list the matter to amend these directions or make any further directions necessary for the conduct of the trial. (7) Costs of the Motions to be costs in the cause. Catchwords: EVIDENCE – taking evidence of interstate witnesses via audio visual link (AVL) during COVID-19 pandemic – whether suitable facilities available – whether direction for AVL evidence would be unfair to defendant – witness requiring interpreter – overriding purpose of ensuring a fair trial – direction for AVL evidence can be rescinded or modified if problems emerge Legislation Cited: Corporations Act 2000 (Cth), s 471B Evidence (Audio and Audio Visual Links) Act 1998 (NSW), s 5B Cases Cited: Orr v Lake Coal Pty Limited [2019] NSWDC 178 SafeWork NSW v McConnell Dowell Constructors (Aust) Pty Ltd [2020] NSWDC 330 Category: Procedural and other rulings Parties: SafeWork NSW (Prosecutor) CJ Formwork Pty Ltd (Defendant) Growthbuilt Pty Ltd (Defendant) Representation: Counsel: