Fei v Director General, Department of Commerce [2006] NSWADT 165

CITATION: Fei v Director General, Department of Commerce [2006] NSWADT 165

DIVISION: Equal Opportunity Division

APPLICANT PARTIES: Liu Fei RESPONDENT Director General, Department of Commerce

FILE NUMBER: 041075; 041076; 041077

HEARING DATES: 5/05/2006

SUBMISSIONS CLOSED: 05/05/2006

EXTEMPORE DECISION DATE: 05/05/2006

DATE OF DECISION: 06/02/2006

BEFORE: Ireland G - Judicial Member; Weule B - Non Judicial Member; Quayle C - Non Judicial Member

CATCHWORDS: Representative Appointment - repeal of order

MATTER FOR DECISION: Preliminary matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Anti-Discrimination Act 1977 Interpretation Act 1987

APPLICANT D Patch of counsel (instructed by B Ramjan, as representative appointed by the Tribunal) - for the purpose of proceedings generally REPRESENTATION: RESPONDENT T Anderson of counsel

ORDERS: 1. The Tribunal orders, that pursuant to section 43(2) of the Interpretation Act 1987, the order made by the Tribunal on 14 April 2005 appointing Ms Barbara Ramjan as representative of the applicant for the purposes of these proceedings, be repealed effectively from 4.00pm on 5 May 2006; 2. That the hearing of the complaints made by the applicant against the respondent proceed before the Tribunal, with the applicant representing himself or by such person as the applicant may nominate provided in the case of a nominee that the approval of the Tribunal to that representation be first obtained; 3. That prior to setting down dates for a hearing of the complaints before the Tribunal, that a case conference be held to determine the best manner of managing the preparation of the case for a hearing before the Tribunal; 4. That the case conference be held at 10.00am on 12 July 2006; 5. That the applicant is directed to consider the note, prepared by the Judicial Member on 24 February 2005 relating to "jurisdictional issues" and to advise the Tribunal at the case conference if he agrees that the items of complaint as stated in that document are acceptable to him to go forward as his points of claim; 6. The Tribunal directs that the applicant complete, in his own handwriting if necessary, the narrative document filed by him in the Tribunal on 16 February 2005. The completed document to be filed and served by the applicant no later than 7 July 2006