Arnot and Arnot v Commissioner of Fire and Rescue NSW [2021] NSWIRComm 1082

Industrial Relations Commission New South Wales Medium Neutral Citation: Arnot and Arnot v Commissioner of Fire and Rescue NSW [2021] NSWIRComm 1082 Hearing dates: 5 October 2021 Date of orders: 5 October 2021 Decision date: 27 October 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster on delegation from the Full Bench Decision: Notice of Motion dismissed Catchwords: APPEAL - motion to introduce fresh evidence – evidence available or available with reasonable diligence before decision - limited relevance of fresh evidence to Leave to Appeal and Appeal – no miscarriage of justice if evidence not adduced - motion dismissed Legislation Cited: Industrial Relations Act 1996 (NSW) ss 163, 190A, 191 Cases Cited: Atkins v National Australia Bank (1994) 34 NSWLR 155 CCH Australia Ltd v Bowen (I 998) 79 IR 206 Electrical Contractors Association of New South Wales v Electrical Trades Union of Australia, New South Wales Branch [2003] NSWIRComm 404; (2003) 130 IR 284 Lawless v R (1978-1979) 142 CLR 659 McNeil v R [(2008) 168 FCR 198 Minister for Immigration & Multicultural Affairs v Madafferi (2001) 106 FCR 76 Category: Procedural rulings Parties: John Arnot and David Arnot (Appellants)

Commissioner of Fire and Rescue NSW (Respondent) Representation: Representatives: Mr M Seck (Respondent) Mr C McArdle (Appellants)

Solicitors: Agility Legal (Appellants) McCullough Robertson Lawyers (Respondent) File Number(s): 2021/120917 Publication restriction: Nil Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: [2021] NSWIRComm 1030 Date of Decision: 9 April 2021 Before: Commissioner Murphy File Number(s): 2020/126132; 2020/126150