Phillip Trestrail v City of Karratha
Commissioner Tsang
Cited 2×
Treatment by later cases (3)
3 neutral
Citation timeline
2023
2024
Applicant: Phillip Trestrail
Respondent: City of Karratha
Ratio
The Commission issued an order for discovery of documents in connection with the applicant's divorce and family law proceedings, specifically materials relating to the applicant's remuneration from the respondent employer, pursuant to the powers under the Industrial Relations Act 1979 (WA).
Outcome
Resolved
other
Authority signal
Cited 2×
Signal-weighted score: 2.8
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 4
- Applicant was employed by the respondent (City of Karratha)
- The applicant was involved in anticipated divorce and family law proceedings
- The respondent sought discovery of the applicant's written representations, statements and records regarding his remuneration provided in connection with divorce and family law proceedings
- The application for discovery was heard on 7 November 2023
Legislation referenced
- Industrial Relations Act 1979 (WA)
- Family Law Act 1975 (Cth)
Concept tags · 5
Subsequent treatment · 3
Cited / considered· 3
Cited
(2024) 104 WAIG 45
WAIRC — Single Commissioner
— R C TSANG HEARD : WEDNESDAY, 15 NOVEMBER 2023, THURSDAY, 16 NOVEMBER 2023,...
Archived text (223 words)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES PHILLIP TRESTRAIL
APPLICANT
-v-
City of Karratha
RESPONDENT
CORAM Commissioner C Tsang
DATE WEDNESday, 8 November 2023
FILE NO. B 28 OF 2023, U 28 OF 2023
CITATION NO. 2023 WAIRC 00871
Result Order issued
Representation
Applicant Mr M Cox (of counsel)
Respondent Mr N Ellery (of counsel)
Order
HAVING heard from Mr M Cox (of counsel) on behalf of the applicant and Mr N Ellery (of counsel) on behalf of the respondent at the Hearing of the respondent’s application for discovery on Tuesday, 7 November 2023, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby orders –
THAT the applicant give discovery by Thursday, 9 November 2023 of:
1. All written representations or statements made, or records provided by the applicant to his wife in connection with anticipated divorce and family law proceedings, that in any way list, describe or identify the remuneration (including salary) the applicant received from the respondent.
2. All written representations or statements made, or records provided by the applicant (or on his behalf, such as by a legal representative) in the applicant’s divorce and family law proceedings under the Family Law Act 1975 (Cth), that in any way list, describe or identify the remuneration (including salary) the applicant received from the respondent.
Commissioner C Tsang