Beck v Commissioner of Police [2016] NSWIRComm 9

Industrial Relations Commission New South Wales Medium Neutral Citation: Beck v Commissioner of Police [2016] NSWIRComm 9 Hearing dates: 22 July 2016 Date of orders: 29 July 2016 Decision date: 29 July 2016 Before: Walton J, President; Tabbaa C; Murphy C Decision: We make the following orders and directions for the disposition of the appeal: (1) Subject to further order, the requirement to file and serve Appeal Books is waived. (2) The appellant shall file and serve any further written submissions concerning leave to appeal and appeal on or before 4pm Friday 26 August 2016. (3) The respondent shall file and serve any submission concerning leave to appeal and appeal three weeks after receipt of the appellant's written submission. (4) The appellant shall file and serve any submission in reply two weeks after the receipt of the respondent's written submissions on leave to appeal and appeal. (5) The matter will be listed for hearing at 10am on Thursday 13 October 2016. (6) Liberty to apply granted on the conditions specified above upon the giving of two days' notice. Catchwords: APPEAL - interlocutory application - contempt of Commission - transfer of proceedings to Supreme Court - stay of proceedings - power re contempt and transfer - s 157 of Civil Procedures Act - application refused - directions made Legislation Cited: Civil Procedure Act 2005 Industrial Relations Act 1996 Industrial Relations (General) Regulation 2015 Industrial Relations Commission Rules 2009 Police Act 1990 Summary Offences Act 1988 Supreme Court Act 1970 Supreme Court Rules 1970 Cases Cited: Beck v Commissioner of Police (No 3) [2015] NSWIRComm 1023; (2015) 254 IR 186 Beck v Commissioner of Police New South Wales [2012] NSWSC 1483 Beck v Commissioner of Police [2015] NSWIRComm 1015 Beck v Commissioner of Police (No 2) [2015] NSWIRComm 1019 Commissioner of Police v Beck [2013] NSWCA 437 Public Service Association and Professional Officers' Association Amalgamated Union of NSW v Director of Public Employment [2012] HCA 58; (2012) 250 CLR 343 Uniting Church in Australia Property Trust (NSW) v Industrial Relations Commission of NSW [2004] NSWCA 183; (2004) 60 NSWLR 602 Category: Procedural and other rulings Parties: Aaron Beck (Appellant) Commissioner of Police (Respondent) Representation: Counsel: Mr M T Hutchings (Respondent)