Benchmark WA Industrial Relations Case Database

Wayne Loxley v Western Australian Athletics Commission (INC)

[2020] WAIRC 199 Single Commissioner (WAIRC) 2020-04-08 File: B 32/2020
Source
Senior Commissioner Kenner
Not yet cited by other cases
Treatment by later cases (1)
1 neutral
Applicant: Wayne Loxley
Respondent: Western Australian Athletics Commission (INC)

Ratio

The Commission issued procedural directions for the conduct of a contractual benefits claim, including directions on evidence presentation, witness statements, and pre-hearing preparation.

Outcome

Resolved adjourned

Authority signal

Not yet cited by other cases Signal-weighted score: 0.8
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.

Legislation referenced

  • Industrial Relations Act 1979 (WA)

Concept tags · 4

[P]Denied contractual benefits (WA s29(1)(b)) [S]Discovery / inspection of documents [S]Witness outline timing & scope [S]Evidence — admissibility

Subsequent treatment · 1

Cited / considered· 1

Cited
(2020) 100 WAIG WAIRC — Single Commissioner — ion Mr A Drake-Brockman as agent Mr A Talbert of counsel 558 WESTERN...
Archived text (296 words)
CONTRACTUAL BENEFIT CLAIM WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES Wayne Loxley APPLICANT -v- Western Australian Athletics Commission (INC) RESPONDENT CORAM Senior Commissioner S J Kenner DATE Wednesday, 8 April 2020 FILE NO. B 32 OF 2020 CITATION NO. 2020 WAIRC 00199 Result Direction issued Representation Applicant Mr A Drake-Brockman as agent Respondent Mr A Talbert of counsel Direction HAVING heard Mr A Drake-Brockman as agent on behalf of the applicant and Mr A Talbert of counsel on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby directs – THAT the parties prepare and file electronically a bundle of those documents which they will seek to have tendered into evidence. The bundle should be indexed and paginated and be filed no later than seven days prior to the date of hearing. THAT evidence-in-chief in this matter be adduced by way of signed witness statement which will stand as the evidence-in-chief of the maker. Evidence-in-chief other than that contained in the witness statements may only be adduced by leave of the Commission. THAT the parties file electronically any signed witness statements upon which they intend to rely no later than seven days prior to the date of hearing. THAT the parties give notice to one another of witnesses they require to attend at the proceedings for the purposes of cross-examination no later than three days prior to the date of hearing. THAT the applicant and respondent file electronically an outline of submissions and any authorities upon which they intend to rely no later than three days prior to the date of hearing. THAT the matter be listed for hearing for two days. THAT the parties have liberty to apply on short notice. Senior Commissioner S J Kenner