Mark Woodman v South Eastern Sydney Area Health Service [2018] NSWIRComm 1025

Industrial Relations Commission New South Wales Medium Neutral Citation: Mark Woodman v South Eastern Sydney Area Health Service [2018] NSWIRComm 1025 Hearing dates: In Chambers Date of orders: 17 May 2018 Decision date: 17 May 2018 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC Decision: The application is dismissed. Catchwords: Practice and procedure – repeated failure to comply with directions – duty of parties and their lawyers to assist in the just cheap and quick resolution of proceedings hearing dates twice vacated due to applicant's default – prejudice to respondent and other parties Legislation Cited: Uniform Civil Procedure Act 2005 Industrial Relations Act 1996 Uniform Civil Procedure Act 2005 (NSW) Cases Cited: Rous v Department of Education and Communities [2018] NSWIRComm 1017 Kabir v Department of Family and Community Services [2016] NSWIRC 1009 Category: Procedural and other rulings Parties: Mark Woodman (Applicant) South Eastern Sydney Area Health Service (Respondent) Representation: Solicitors: Attia Lawyers and Consultants (Applicant) Bartier Perry (Respondents) File Number(s): 2017/316419

Judgment 1. On 21 February 2018 Commissioner Newall made the following orders: 1. The directions made on 31 January 2018 concerning the filing of evidence by the respondent evidence in reply by the applicant of vacated, and the parties are excused compliance with them. 2. The hearing dates of 23, 24 and 25 May 2018 are vacated. 3. The applicant is by close of business on Friday 9 March to file a short submission showing cause why the application ought not be dismissed for want of due dispatch and repeated breach of directions. If such a submission showing cause is filed and served by 9 March 2018, the respondent is to file and serve a short submission in reply by close of business on 16 March 2018. The Commission will then determine the matter in Chambers. 4. If no submission is received from the applicant by close of business on Friday, 9 March 2018, the application pursuant to section 84 will be dismissed. 1. These orders were made after repeated non-compliance had led to two variations of the Commission's directions. It is appropriate to review that history.