CONTRACTUAL BENEFIT CLAIM

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Daniel John Spry

APPLICANT

-v-

Beaver Tree Services Aust Pty Ltd

RESPONDENT

CORAM Commissioner T B Walkington

DATE Friday, 10 September 2021

FILE NO. B 1 OF 2021

CITATION NO. 2021 WAIRC 00497

Result Direction issued

Representation 

Applicant Ms J Raftos (of counsel)

Respondent Mr G Smith (of counsel)

Direction

WHEREAS on 8 July 2021 the Commission issued a Direction [2021] WAIRC 00204;

WHEREAS on 21 July 2021 the applicant filed and served his further and better particulars in support of his claim;

WHEREAS each party was directed to give formal discovery by serving a list of documents by no later than 6 August 2021;

WHEREAS on 23 August 2021 the applicant filed and served a witness statement upon which he intends to rely;

WHEREAS on 27 August 2021 the respondent applied for orders under section 27(1)(a) of the Industrial Relations Act 1979 (WA) that the matter by summarily dismissed; or alternately the claim be struck out and that the directions issued on 7 July 2021 be stayed pending the outcome of their application; and

WHEREAS on 10 September 2021 the Commission issued a Direction [2021] WAIRC 00496;

AND HAVING heard from Mr J Raftos (of counsel) on behalf of the applicant and Mr G Smith (of counsel) on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs:

1. THAT witness evidence be adduced by signed witness statements which will stand as the evidence in chief on this matter;

2. THAT the respondent file and serve any signed witness statements upon which they intend to rely by no later than 15 September 2021;

3. THAT the parties give notice to one another of witnesses they require to attend at the proceedings for the purposes of cross examination one week before the hearing;

4. THAT the applicant file and serve an outline of submissions and any list of authorities upon which they intend to rely by no later than 20 September 2021;

5. THAT the respondent and file and serve an outline of submissions and any list of authorities upon which they intend to rely by no later than 27 September 2021;

6. THAT the hearing remains listed for 29 September 2021, 30 September 2021 and 1 October 2021; and

7. THAT the parties have liberty to apply.

Commissioner T B Walkington