In the context of an industrial tribunal's statutory obligation to deal with matters according to equity, good conscience and substantial merits (s 26(1)(a) IR Act WA), and in the absence of being bound by rules of evidence (s 26(1)(b)), the purpose of directions for filing witness statements must not be to prevent relevant evidence from being called where a witness is reluctant or refuses to come voluntarily. A summons enables such evidence to be presented and considered.

Pleadings and points of claim in the Federal Magistrates Court must serve the same purpose as formal pleadings: to identify the real issues and state with sufficient clarity the case that must be met by respondents, thereby affording them procedural fairness, subject to s 42 of the Federal Magistrates Act 1999 (Cth) which requires proceedings to proceed without undue formality.

Witness outlines under Practice Note 9 of 2021 are not witness statements and cannot be tendered into evidence; they are outlines of evidence expected to be given. Directions limiting foreshadowed evidence may properly be given to ensure efficient hearing and determination of matters.

It is sufficient for misconduct purposes that it should have been readily apparent to an applicant that a person would potentially be a witness; certainty that they will be called is not required.

New evidence falling outside the scope of a witness outline dated at the commencement of substantive proceedings is not to be adduced unless expressly permitted by the Commission in the interests of the proceeding.

In matters of extension of time for compliance with Commission orders, it is not the Commission's function to ascertain how much time an applicant needs to comply, but rather to determine, having regard to all circumstances, what further time if any would be reasonable.

Witness outlines must contain sufficient detail of the substance of evidence to be given at the appeal hearing, and witnesses cannot lead evidence on topics beyond those properly particularised in their outlines without filing a further detailed outline first.

A witness outline must adequately identify the substance of the witness's proposed evidence, not merely the topics on which evidence will be given, to comply with Practice Note 9 of 2021.