Frost v TAFE NSW [2020] NSWCATAD 2

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Frost v TAFE NSW [2020] NSWCATAD 2 Hearing dates: On the papers Date of orders: 18 October 2019 Decision date: 06 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: M. Tibbey, Senior Member Decision: 1. The Tribunal grants leave for a Summons to Witness to be issued to Ms Nawal Silfani, to be served on her by 4pm on 24 October 2019, requiring her attendance to give evidence at the hearing of this matter on 31 October 2019 and 1 November 2019 and thereafter as required at the hearing of the matter.

2. The Tribunal orders that the Applicant provide to the Respondent and to the Tribunal, by 4pm on 28 October 2019, a statement as to the evidence that that Applicant anticipates that Ms Silfani will be able to provide to the Tribunal at the hearing of this matter, noting that Ms Silfani may or may not actually provide such evidence.

3. The balance of the Application is dismissed. Catchwords: Practice and procedure – interlocutory applications. Category: Procedural and other rulings Parties: Julie Frost (applicant) TAFE NSW (respondent) Representation: In person (applicant)

M. Lee (Counsel for respondent ) Minter Ellison (respondent) File Number(s): 2018/00161029

REASONS FOR DECISION 1. These are the Reasons for Decision relating to Orders made on 18 October 2019. 2. At the case conference in this matter on 9 October 2019, a number of matters were decided by consent between the parties, including an application to extend the time for compliance with a summons that had been issued, where time was extended and it was agreed by the respondent that the documents sought would be produced. 3. A Direction was made on that day that leave is required for any further interlocutory application prior to the hearing of the matter on 31 October 2019 and 1 November 2019 and that any such application, if made, is to be made on the NCAT form entitled "Application for Miscellaneous Matters" and is to be determined "on the papers". 4. The applicant made a number of applications on 13 October 2019, seeking orders as follows: 1. Orders of 10/9/19: provide reason. Requested but not yet provided. 2. Provide response to recusal of Anne Britton application. 3. Judge Susan Cole to recuse herself from influencing applicant's matters including continual allocation of Britton and Juliet Lucy to applicant's matters. 4. Refer misconduct of Susan Cole to President of NCAT ( ADA and WHS offences) 5. Allow attached summons. 6. Allow attached appeal. 7. Reinstate leave for summons of Nawal Silfani (now located). 8. Non pub (sic) of applicant's name or disability application to be stood over to end of hearing as originally ordered by Member Linda Pearson. 9. Teachers to provide qualifications. 10. Insert "Applicant made multiple complaints" into statement of Claim (to update facts found in summonse (sic)." 1. On 18 October 2019, I granted leave for the application and made the decisions set out below in response to the application. 1. The Tribunal grants leave for a Summons to Witness to be issued to Ms Nawal Silfani, to be served on her by 4pm on 24 October 2019, requiring her attendance to give evidence at the hearing of this matter on 31 October 2019 and 1 November 2019 and thereafter as required at the hearing of the matter. 2. The Tribunal orders that the Applicant provide to the Respondent and to the Tribunal, by 4pm on 28 October 2019, a statement as to the evidence that that Applicant anticipates that Ms Silfani will be able to provide to the Tribunal at the hearing of this matter, noting that Ms Silfani may or may not actually provide such evidence. 3. The balance of the Application is dismissed. 1. The applicant has sought reasons for the decisions made by me on 18 October 2019.