ALZ v Lismore City Council (No 2) [2016] NSWCATAD 250

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: ALZ v Lismore City Council (No 2) [2016] NSWCATAD 250 Hearing dates: 30 September 2016, 4 October 2016, 12 October 2016 Date of orders: 12 October 2016 Decision date: 12 October 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: R Perrignon, Senior Member Decision: Orders as follows: (1) Evidence filed by either party in proceedings 133039 is to be evidence in these proceedings. (2) Respondent to file and serve any further evidence and submissions on which it relies by 9 November 2016. (3) Grant leave to the applicant, if she wishes, to file evidence and submissions in reply by 22 November 2016. (4) Request the Registrar to list the matter for case conference at 9.30am on 22 November 2016, in order to monitor compliance with the above timetable and to set a hearing date. (5) Respondent is to notify the Information and Privacy Commissioner of these orders and invite the Commissioner to be represented at case conference on 22 November 2016. Catchwords: Practice and procedure – complaints that respondent Council breached privacy principles – decision of Tribunal at first instance that it lacked jurisdiction to determine complaints - decision overturned on appeal by consent, and remitted for decision according to law, with or without further evidence as the member hearing the matter may determine - respondent's application to set timetable for further evidence opposed by applicant – whether timetable ought be set – application of guiding principle. Legislation Cited: Civil and Administrative Tribunal Act Cases Cited: AON Risk Services Australia Limited v Australian National University [2009] HCA 27 Category: Procedural and other rulings Parties: ALZ (Applicant) Lismore City Council (Respondent) Representation: Solicitors: ALZ (Applicant in person) Lismore City Council (Respondent) File Number(s): 1410345