Benchmark WA Industrial Relations Case Database

Phillip Trestrail v City of Karratha

[2023] WAIRC 871 Single Commissioner (WAIRC) 2023-11-08 File: B 28/2023 cited 2×
Source
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

[P]Discovery / inspection of documents [S]Procedural fairness at dismissal stage [S]Public sector matter (general WAIRC jurisdiction post-PSAB) [M]Unfair dismissal (WA) [M]WA local government employer (state system)

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,...
Cited
[2023] WAIRC 926 WAIRC — Single Commissioner — Phillip Trestrail v City of Karratha
¶43
Cited
[2024] WAIRC 870 WAIRC — Single Commissioner — Phillip Trestrail v City of Karratha
¶16
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