Benchmark WA Industrial Relations Case Database

Mark Lawn v Department of Justice

[2023] WAIRC 736 Public Service Appeal Board (former) 2023-09-05 File: PSAB 18/2023 cited 2×
Source
Member Brown, Member Brick
Cited 2×
Treatment by later cases (2)
2 neutral
Applicant: Mark Lawn
Respondent: Director General, Department of Justice

Ratio

The Public Service Appeal Board issued directions for the conduct of proceedings in an appeal from an employment decision made by the Department of Justice on 7 February 2023, including an application to appeal out of time, with directions for discovery, agreed facts, witness evidence, and timetabling of submissions to be heard on a 1-day hearing not before 6 December 2023.

Outcome

Resolved other

Authority signal

Cited 2× Signal-weighted score: 2.0
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 · 3

  • The employer (Department of Justice) made a decision on 7 February 2023 affecting the appellant's employment.
  • The appellant sought to appeal out of time from that decision.
  • The directions hearing occurred on 4 September 2023.

Legislation referenced

  • Industrial Relations Act 1979 (WA)

Concept tags · 5

[P]Public Service Appeal Board appeal (historical) [P]Public sector matter (general WAIRC jurisdiction post-PSAB) [S]Extension of time to file [S]Discovery / inspection of documents [S]Witness outline timing & scope

Subsequent treatment · 2

Cited / considered· 2

Cited
[2023] WAIRC 831 PSAB (former) — Mark Lawn v Director General, Department of Justice
Cited
[2023] WAIRC 869 PSAB (former) — Mark Lawn v Director General, Department of Justice
Archived text (304 words)
APPEAL AGAINST THE DECISION OF THE EMPLOYER TAKEN ON 7 FEBRUARY 2023 WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Mark Lawn APPELLANT -v- DIRECTOR GENERAL, Department of Justice RESPONDENT CORAM PUBLIC SERVICE APPEAL BOARD Commissioner C Tsang – CHAIR MR G BROWN – BOARD MEMBER MS L BRICK – BOARD MEMBER DATE TUESday, 5 September 2023 FILE NO. PSAB 18 OF 2023 CITATION NO. 2023 WAIRC 00736 Result Direction issued Representation Appellant Mr M Lawn (on his own behalf) Respondent Mr M McIlwaine (of counsel) Direction HAVING heard from Mr M Lawn on his own behalf and Mr M McIlwaine (of counsel) on behalf of the respondent at the Directions Hearing on Monday, 4 September 2023, the Public Service Appeal Board, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs – 1. THAT the application to appeal out of time be heard at the same time as the appellant’s appeal. 2. THAT discovery be informal and be concluded by Monday, 18 September 2023. 3. THAT the parties file a statement of agreed facts and bundle of agreed documents by Monday, 2 October 2023. 4. THAT the appellant file any outlines of witness evidence and documents (other than those in the bundle of agreed documents) by Monday, 16 October 2023. 5. THAT the respondent file any outlines of witness evidence and documents (other than those in the bundle of agreed documents) by Monday, 30 October 2023. 6. THAT the appellant file an outline of legal submissions by Monday, 13 November 2023. 7. THAT the respondent file an outline of legal submissions by Monday, 27 November 2023. 8. THAT the matter be listed for a 1-day hearing not before Monday, 6 December 2023. 9. THAT the parties have liberty to apply. Commissioner C Tsang ON BEHALF OF THE PUBLIC SERVICE APPEAL BOARD