Hearing Preparation Checklist

Download or print this PDF checklist to help guide you in preparing for a hearing.

All parties must assist the Commission in achieving a quick, just and cheap resolution to the legal matter.  The parties should:

• prepare, file, and serve all necessary documents within the allocated timeframes;
• research the industrial instruments and legislative materials relevant to your case;
• create a chronology of events;
• organise evidence to support your argument;
• find appropriate expert witnesses if needed;
• write down the main points you want to make when presenting your case;
• check the online court list to confirm the time and location of your hearing;
• print a physical copy of all the documents that you will rely on to make your argument;
• bring a pen and paper to the hearing; and
• follow the rules or instructions of the Commission.

Timetable

The Commission will set a date for the hearing and a timetable for certain actions to be taken by the parties. The usual timetable for non-criminal matters will require:

1. The applicant to file and serve written statements together with any other relevant documentation and an outline of submissions within 21 days of the failed conciliation.
2. The respondent to file and serve written statements together with any other relevant documentation, including witness statements, and an outline of submissions within 21 days after the filing and serving of the applicant's documents.
3. The applicant to file and serve any reply to the respondent's documents, including witness statements, and reply submissions within seven (7) days of the filing and service of the respondent's documents.

The Commission may make other directions or vary the above directions to suit the circumstances of the matter.

Research

All parties should be familiar with the glossary of legal terms, the Commission’s etiquette and the relevant Practice Notes.  They should also find relevant parts of the legislation relevant to the matter, such as the Industrial Relations Act 1996 (NSW) (IR Act) and the Industrial Relations Commission Rules 2022 (NSW).

If you are self-represented, you have the same obligations and responsibilities as everyone else in the hearing room. It may be helpful to speak with a lawyer or registered industrial organisation to understand your rights, responsibilities and what to expect in a hearing.

Do you need access to support services?

The NSW Department of Communities and Justice aims to provide better access to court buildings and services for people with disability, including:

• People with a cognitive disability;
• People who are deaf or hard of hearing;
• People with mental health issues;
• People with physical disability; and
• People with a vision impairment, print or reading disability.

Accredited interpreters and translators can facilitate communication in proceedings at the Commission. They must not add or remove information, provide advice or give an opinion. Their conduct is governed by Division 3 of Part 31 of the Uniform Civil Procedure Rules 2005 (NSW).

The Commission has a policy regarding the use of interpreters and the provision of funded interpreters.

Speak to the Registry staff before your hearing date if access to any of these services is required.