Jay v Colonial Services Pty Ltd [2002] NSWIRComm 66

Industrial Relations Commission of New South Wales in Court Session

CITATION : Jay v Colonial Services Pty Ltd [2002] NSWIRComm 66 APPLICANT Terence Douglas Jay PARTIES : RESPONDENT Colonial Services Pty Ltd FILE NUMBER: IRC 5908 of 2002 CORAM: Marks J CATCHWORDS : Case management - Consent orders breached by respondent - Failure of solicitor to give explanation - Force and effect of orders relating to case management and preparation for hearing - Costs orders made - Strict timetable set. LEGISLATION CITED : Industrial Relations Act 1996 s 106 HEARING DATES: 03/27/2002 EXTEMPORE JUDGMENT DATE : 03/27/2002

APPLICANT Mr R Reitano of counsel SOLICITORS Gilbert & Tobin

LEGAL REPRESENTATIVES: RESPONDENT Mr M P Cleary of counsel SOLICITORS L E Taylor Commonwealth Bank Group

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION

CORAM: MARKS J Wednesday 27 March 2002

IRC 5908 of 2000 JAY v COLONIAL SERVICES PTY LTD Application under s 106 of the Industrial Relations Act 1996.

INTERLOCUTORY JUDGMENT (EX TEMPORE) 1 These are proceedings brought under s 106 of the Industrial Relations Act 1996 by the applicant Terrence Douglas Jay against the respondent Colonial Services Pty Ltd.

2 The proceedings were commenced by summons filed in this Court on 5 December 2000. Subsequently, pursuant to the mandatory process provided for by the Court Rules the respondent through its solicitor L E Taylor filed a reply to the summons. This occurred on 14 February 2001. That document was followed by a response filed by the applicant under the Court Rules which led to a conciliation of the matter conducted before me on 7 September 2001. It may reasonably be assumed that the parties would be prepared to discuss all issues surrounding the proceedings at that conciliation.