State of New South Wales & Anor v The Broken Hill Town Employees’ Union on behalf of employees [2022] NSWSC 961

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales & Anor v The Broken Hill Town Employees' Union on behalf of employees [2022] NSWSC 961 Hearing dates: 6 July 2022 Date of orders: 19 July 2022 Decision date: 19 July 2022 Jurisdiction: Common Law Before: Cavanagh J Decision: (1) Local Court proceedings number 2021/00262357 be transferred to the Supreme Court of New South Wales pursuant to s 140(1) of the Civil Procedure Act 2005 (NSW). (2) The matter be allocated to the Administrative and Industrial Law List in the Common Law Division. (3) The Union file a statement of claim within 28 days. (4) The nominated defendants to the statement of claim file a defence within 28 days. (5) At the same time as filing its defence, the nominated defendants inform the Union of the separate questions which they propose and their proposal for the quick and efficient determination of the issues. (6) The matter be listed before the Administrative and Industrial Law List Judge on 20 September 2022. Catchwords: CIVIL PROCEDURE — Jurisdiction — Transfers to and from other courts — Local Court to Supreme Court — Complex legal issues to be determined — Monetary claim exceeds jurisdictional limit Legislation Cited: Fair Work Act 1994 (SA) Industrial Relations Act 1996 (NSW) Health Services Act 1997(NSW) Local Court Act 2007 (NSW) Cases Cited: Barone v Kerr (2008) 170 IR 94; [2008] NSWSC 100 Category: Procedural rulings Parties: State of New South Wales (First Plaintiff) Far West Local Health District (Second Plaintiff) The Broken Hill Town Employees' Union on behalf of employees (Defendant) Representation: Counsel: M Foran (First and Second Plaintiffs)