Beavan v Industrial Relations Secretary (No 2) [2016] NSWIC 3

Industrial Court New South Wales

Medium Neutral Citation: Beavan v Industrial Relations Secretary (No 2) [2016] NSWIC 3 Hearing dates: 17 and 25 February 2016 (written submissions) Date of orders: 01 March 2016 Decision date: 01 March 2016 Before: Walton J, President Decision: The Court makes the following orders: 1 The title of the judgment in Beavan v Family and Community Services (Housing NSW) [2016] NSWIC 1 shall be amended to: Beavan v Industrial Relations Secretary (No 1) [2016] NSWIC 1. 2 To the extent that leave is required, leave to appeal is granted. 3 The appeal is upheld. 4 The order made by Commissioner Newall of 23 March 2015 is quashed. 5 The matter is remitted to Commissioner Newall for determination in accordance with the decision of the Court in Beavan (No 1). 6 Costs are reserved. 7 The appellant shall file and serve any submissions in respect of costs on or before 4.00pm, Tuesday 15 March 2016. Liberty to apply is granted to each party to make submissions in reply in writing. In the exercise of such liberty, advice should be provided as to the attitude of the opposing party in that respect and a draft timetable. 8 Any judgment as to costs will be made on the papers unless there is an application for a short oral hearing by either party or the Court forms a view that it would be assisted by further oral submissions from the parties. Catchwords: ORDERS – dismissal – public sector appeal – application dismissed for want of prosecution – appeal under s 197B(1) – decisions on questions of law – errors of law – question as to appropriate orders – orders made – to extent required, leave to appeal granted – appeal upheld – orders below quashed – matter remitted to Commissioner Newall – costs reserved – directions for submissions re costs – direction as to respondent's correct title Legislation Cited: Civil Procedure Act 1995 Government Sector Employment Act 2013 Industrial Relations Act 1996 Uniform Civil Procedure Rules 2005 Cases Cited: Beavan v Industrial Relations Secretary (No 1) [2016] NSWIC 1 Category: Consequential orders (other than Costs) Parties: Joanne Kelly Beavan (Appellant) Industrial Relations Secretary (Respondent) Representation: Counsel: Mr A T Britt (Appellant) Ms K A Edwards (Respondent)