Kevin Hearn v T &
Commissioner Kenner
Not yet cited by other cases
Applicant: Kevin Hearn
Respondent: T & G Elder Transport
Ratio
The Road Freight Transport Industry Tribunal has discretionary power under the Owner-Drivers (Contracts and Disputes) Act 2007 to abridge the time for filing a notice of answer and counter proposal. The Tribunal exercised that power to reduce the standard filing period to 5 days following service of the notice of referral.
Outcome
Resolved
other
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
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Key facts · 5
- Applicant Kevin Hearn filed a notice of referral to the Road Freight Transport Industry Tribunal on 9 July 2015
- The application concerns a dispute re outstanding payments
- Applicant concurrently applied for abridgement of time for filing a notice of answer and counter proposal
- The Tribunal considered the application ex parte in Chambers
- Respondent had no appearance at the hearing
Legislation referenced
- Owner-Drivers (Contracts and Disputes) Act 2007
- Industrial Relations Commission Regulations 2005, Regulation 99D(4)
Concept tags · 3
Principles · 1
articulates para ?
The Road Freight Transport Industry Tribunal has power under the Owner-Drivers (Contracts and Disputes) Act 2007 to abridge the time for filing a notice of answer and counter proposal.
Archived text (214 words)
DISPUTE RE OUTSTANDING PAYMENTS
IN THE WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
SITTING AS
THE ROAD FREIGHT TRANSPORT INDUSTRY TRIBUNAL
PARTIES Kevin Hearn
APPLICANT
-v-
T & G Elder Transport
RESPONDENT
CORAM Commissioner S J Kenner
DATE TUESDAY, 21 July 2015
FILE NO/S RFT 11 OF 2015
CITATION NO. 2015 WAIRC 00525
Result Order issued
Representation
Applicant Mr A Dzieciol of counsel
Respondent No appearance required
Order
WHEREAS on 9 July 2015 the applicant filed a notice of referral to the Road Freight Transport Industry Tribunal;
AND WHEREAS on 9 July 2015 the applicant applied to the Tribunal for an order abridging the time for the filing of a notice of answer and counter proposal in respect of the herein application pursuant to Regulation 99D(4) of the Industrial Relations Commission Regulations, 2005;
AND WHEREAS the Tribunal has considered the application for an abridgement of time for filing a notice of answer and counter proposal ex parte in Chambers;
NOW THEREFORE the Tribunal, pursuant to the powers conferred on it under the Owner-Drivers (Contracts and Disputes) Act, 2007, hereby orders –
THAT the respondent do file a notice of answer and counter proposal in answer to the herein application within 5 days of service of the notice of referral on the respondent.
Commissioner S J Kenner