Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Council of the New South Wales Bar Association v BRJ (No 4) [2016] NSWCATOD 34 Hearing dates: On the papers Date of orders: 30 March 2016 Decision date: 30 March 2016 Jurisdiction: Occupational Division Before: L Robberds QC, Senior Member P Wass SC, Senior Member E Hayes, General Member Decision: Pursuant to section 50 (2) of the Civil and Administrative Tribunal Act 2013, the Tribunal dispenses with a hearing. Order 3 made on 11 December 2015 is vacated. Orders 2 and 3 made on 16 July 2015, as varied by the orders made on 7 December 2015, apply to documents and evidence filed with the Tribunal in respect of the applicant's application for an order that the respondent pay its costs of the proceedings. Catchwords: Inconsistent orders – removal of inconsistency. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: nil Texts Cited: nil Category: Procedural and other rulings Parties: Council of the New South Wales Bar Association (Applicant) BRJ (Respondent) Representation: Solicitors: Eakin McCaffery Cox (Applicant) File Number(s): 1320028 Publication restriction: Orders 2 and 3 made on 16 July 2015, as varied by the orders made on 7 December 2015, apply to documents and evidence filed with the Tribunal in respect of the applicant's application for an order that the respondent pay its costs of the proceedings. reasons for decision 1. Order 4 made by the Tribunal on 16 July 2015 in Council of the New South Wales Bar Association v BRJ [2015] NSWCATOD 73 (16 July 2015) was as follows: The proceedings be listed before the Registrar so that evidence and submissions can be placed before the Tribunal so that it can determine whether an order should be made that the respondent pay the costs of the Council of the New South Wales Bar Association. 1. The parties filed evidence and written submissions in relation to that question of costs. 2. The Tribunal finalised its reasons and orders on that question of costs in December 2015 and on 6 December steps were taken to have those reasons published and the orders made. They were published and made on 11 December 2015. 3. On 7 December 2015, the Tribunal heard an application made by the applicant seeking orders varying orders 2 and 3 made by the Tribunal on 16 July 2015. 4. The Tribunal made orders on 7 December 2015 and stated that it would later publish its reasons. 5. There is an inconsistency between the orders made on 7 and 11 December 2015. It was not the intention of the Tribunal that there should be any inconsistency between those orders. 6. The applicant has made application that orders be made which will remove that inconsistency. The application is supported by an affidavit sworn by the applicant's solicitor, Jennifer Ann Shaw on 19 January 2016. Paragraph 9 of that affidavit states that the application requests the application be dealt with on the papers. 7. The application, affidavit in support and other documents were served on the respondent by Ms Shaw sending them by email to the respondent on 19 January 2016. The respondent responded by email on 19 January confirming receipt of the documents. 8. The email sent by Ms Shaw drew to the respondent's attention that the applicant had requested that the application be dealt with on the papers. 9. The respondent has not given notice that she opposes the application being dealt with on the papers. In those circumstances and having regard to the circumstances leading to this application, the Tribunal makes an order pursuant to section 50 (2) of the Civil and Administrative Tribunal Act 2013 dispensing with a hearing as it is satisfied that the issues for determination can be adequately determined in the absence of the parties by considering the application, the history of the application and the affidavit of Ms Shaw. 10. The Tribunal is of the view that the inconsistency between the orders made on 7 and 11 December 2015 should be removed and is of the view that the orders sought by the applicant will bring that about. 11. The Tribunal therefore makes the following orders: 1. Pursuant to section 50 (2) of the Civil and Administrative Tribunal Act 2013, the Tribunal dispenses with a hearing. 2. Order 3 made on 11 December 2015 is vacated. 3. Orders 2 and 3 made on 16 July 2015, as varied by the orders made on 7 December 2015, apply to documents and evidence filed with the Tribunal in respect of the applicant's application for an order that the respondent pay its costs of the proceedings. I hereby certify that this is a true and accurate record of the reasons for decision of the Civil and Administrative Tribunal of New South Wales. Registrar DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 30 March 2016