Industrial Relations Commission of NSW

Usual Directions

The Commission may make such directions as it considers appropriate for the just resolution of the issues between the parties. When programming a matter for arbitration, the Commission will make directions for the timetabling of the hearing of the matter. The Commission has issued "Usual Directions" which, in the ordinary course, will be made by the Commission. 

DIRECTIONS

FILE NUMBER/NAME:

TIMETABLE

The applicant/notifier is to file and serve all written statements to be relied on for each witness, an outline of submissions and any other relevant documentation by 4.00pm on:



The respondent is to file and serve all written statements to be relied on for each witness, an outline of submissions and any other relevant documentation by 4.00pm on:



The applicant/notifier is to file and serve any evidence and submissions in reply to the respondent’s documents by 4.00pm on:



NOTE:  The Commission may order that a party cannot rely on any evidence which is filed later than the time directed in this timetable.


The matter is listed for hearing on:





Interpreter required?


YES/NO

Compliance hearing before the Registrar



USUAL DIRECTIONS

All evidence in the proceedings will be by way of signed written statements comprising the witnesses’ evidence.


The parties must include in or with their written statements all matters and documents on which they rely or which they allege are relevant to the proceedings.


Proceedings will be conducted on the written statements and other relevant documentation filed and served by a party except where reasonable notice is given to the other party that a witness is required for cross-examination.


Without the leave of the Commission, cross examination of a witness will not be allowed unless, at least 7 days prior to the hearing, notice has been given to the opposing party that a witness is required for cross-examination.


Without the leave of the Commission, no summons for the production of documents may be made returnable less than 3 weeks prior to the date set for the hearing/arbitration of the matter.


The Registrar conducts a list each Wednesday to deal with summonses for production.


Note: Parties who are not represented by a solicitor must obtain leave to issue summonses: Rule 7.3 of the Uniform Civil Procedure Rules 2005


Date Directions and Listing made:




NOTE: Practice Note 32 sets out the Commission’s requirements in relation to the length, presentation and formatting of documents filed with the Commission.  Practice Note 30A provides guidance on the filing of documents in computer-readable format.

Last updated:

04 Apr 2023

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