SafeWork NSW v Rockfield Contracting Pty Ltd [2020] NSWDC 39

District Court New South Wales

Medium Neutral Citation: SafeWork NSW v Rockfield Contracting Pty Ltd [2020] NSWDC 39 Hearing dates: 26 February 2020 Date of orders: 09 March 2020 Decision date: 09 March 2020 Jurisdiction: Criminal Before: Scotting DCJ Decision: (1) The trial date of 16 March 2020 is vacated. (2) I direct that the defendant identify any request for particulars (that it has already made, subject to any refinement that may be appropriate in accordance with these reasons) for which it seeks a response from the prosecutor on or before 5.00pm on Friday 13 March 2020. (3) I direct that the prosecutor provide a response to the requests of the defendant as described in (2) on or before 5.00pm on Friday 20 March 2020. (4) I list the matter before me on Monday 30 March 2020 at 9.30am to fix a trial date and to hear any further necessary arguments on the particulars issue. (5) I direct that each party serve and provide to my Associate with written submissions on the particulars issue, if it is to be further argued, on or before 5.00pm on Friday 27 March 2020. (6) I reserve the questions of costs arising from the vacation of the trial date and the particulars issue. Catchwords: CRIMINAL PROCEDURE- Vacate hearing dates- reasons Legislation Cited: Work Health and Safety Act 2011 Cases Cited: Baiada Poultry Pty Ltd v Glenister [2015] VSCA 344 De Romanis v Sibraa [1977] 2 NSWLR 264 Johnson v Miller (1937) 59 CLR 467 Kirk v Industrial Court (NSW) (2010) 239 CLR 531 Marchesi v Barnes [1970] VR 434 S v The Queen (1989) 168 CLR 266 Veysey v R (2011) 33 VR 277 Category: Procedural and other rulings Parties: SafeWork NSW (Prosecutor) Rockfield Contracting Pty Ltd (Defendant) Representation: Counsel: M Cahill (Prosecutor) M Shume (Defendant)