Consolidated Pastoral Company Pty Ltd v Government of Western Australia WorkSafe Western Australia Commissioner/Department of Mines, Industry Regulations and Safety
Commissioner Walkington
Not yet cited by other cases
Applicant: Consolidated Pastoral Company Pty Ltd
Respondent: WorkSafe Western Australia Commissioner
Ratio
This is a directions hearing under the Occupational Safety and Health Act 1984 (WA) establishing procedural orders for service, discovery, evidence preparation and next steps in the review proceedings. No substantive decision on the merits was made.
Outcome
Resolved
other
Authority signal
Not yet cited by other cases
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Key facts · 3
- Application is a review of notice under the Occupational Safety and Health Act 1984 (WA)
- Consolidated Pastoral Company Pty Ltd (applicant) is reviewing a notice from WorkSafe Western Australia Commissioner
- Directions hearing held on 30 July 2021
Legislation referenced
- Occupational Safety and Health Act 1984 (WA)
- Industrial Relations Act 1979 (WA)
Concept tags · 5
Archived text (357 words)
REVIEW OF NOTICE - S.51A - OSH ACT
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
PARTIES Consolidated Pastoral Company Pty Ltd
APPLICANT
-v-
WorkSafe Western Australia Commissioner
RESPONDENT
CORAM Commissioner T B Walkington
DATE friday, 30 July 2021
FILE NO. OSHT 4 OF 2021
CITATION NO. 2021 WAIRC 00446
Result Direction issued
Representation
Applicant Mr S VanDongen (of counsel)
Mr A Phillips (of counsel)
Respondent Mr A Hay (of counsel)
Direction
HAVING heard from Mr S VanDongen (of counsel) and Mr A Phillips (of counsel) on behalf of the applicant and Mr A Hay (of counsel) on behalf of the respondent, the Tribunal, pursuant to the powers conferred under the Occupational Safety and Health Act 1984 (WA) and the Industrial Relations Act 1979 (WA), hereby directs:
1. THAT all matters requiring to be served on either party or the Tribunal may be served by email on each parties’ nominated email address and proof of service is by the email sent notification;
2. THAT any request for production of documents or materials for either party be by letter of request served no later than 31 August 2021;
3. THAT each party to provide documents or materials requested by the other party by 1 October 2021, unless the party objects to provision of any of the documents requested, such an objection should be made by that party filing a Form 1A application with the Tribunal at the earliest opportunity and by no later than 1 October 2021;
4. THAT evidence in chief in this matter be adduced by way of signed witness statements which will stand as evidence in chief;
5. THAT the applicant file and serve upon the respondent any witness statements and expert reports upon which it intends to rely by no later than 6 December 2021;
6. THAT the respondent file and serve upon the applicant any witness statements or expert report upon which it intends to rely by no later than 10 January 2022;
7. THAT the application be listed for a further directions hearing on a date to be fixed; and
8. THAT the parties have liberty to apply on short notice.
Commissioner T B Walkington