Regan & Anor v Redeemer Baptist School Ltd & Anor (No 2) [2006] NSWIRComm 198

Industrial Relations Commission of New South Wales in Court Session

CITATION: Regan & Anor v Redeemer Baptist School Ltd & Anor (No 2) [2006] NSWIRComm 198

FIRST APPLICANT Robyn Janet Regan

SECOND APPLICANT Micah Timothy Regan PARTIES: FIRST RESPONDENT Redeemer Baptist School Limited

SECOND RESPONDENT Redeemer Baptist Services Limited

FILE NUMBER(S): 1100 of 2005

CORAM: Staff J

CATCHWORDS: Unfair contract - Application to join additional respondents - Unincorporated association - Whether Elders of Church constitute an identifiable class - Whether Elders of the Church have a real or close connection - Open to the Court to conclude that the Elders of the Church may well have had a real connection with the making, variation or avoidance of the contract - Order made joining named persons operating the Church as a respondent - Industrial Relations Act 1996 (NSW), Section 106 - Uniform Civil Procedure Rules 2005, Part 7.4 - Industrial Relations Commission Rules 1996 (NSW), Rule 89(5)

Industrial Relations Act 1996 LEGISLATION CITED: Industrial Relations Commission Rules 1996 Uniform Civil Procedure Rules 2005

Bradley Egg Farm Limited v Clifford [1943] 2 ER 378 Brown v Rezitis (1970) 127 CLR 157 Carlton Cricket and Football Social Club v Joseph [1970] VR 487 CASES CITED: Ermogenous v Greek Orthodox Community (2002) 209 CLR 95 Kibby v Santiniketan Park Association [1999] VR 861 Regan & Anor v Redeemer Baptist School Limited & Anor [2006] NSWIRComm 58 Rozier v Lutheran Aged Care on the Central Coast Inc (2002) 118 IR 280