UNFAIR DISMISSAL APPLICATION

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Stacey McCabe

APPLICANT

-v-

David Aquailia Family Trust

RESPONDENT

CORAM Commissioner T B Walkington

DATE Tuesday, 3 June 2025

FILE NO. U 105 OF 2024

CITATION NO. 2025 WAIRC 00326

Result Direction issued

Representation 

Applicant Ms S McCabe

Respondent Mr I Bennett (of counsel)

Direction

HAVING heard from the applicant on her own behalf and Mr Bennett on behalf of the respondent, the Commission, pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), hereby directs —

1. THAT the question of whether the Commission ought to accept the application out of time be heard and determined as a preliminary matter;

2. THAT the applicant file and serve any outlines of witness evidence, any documents, an outline of submissions and any list of authorities upon which they intend to rely, that are relevant to the determination of the out of time issue, by no later than 17 June 2025;

3. THAT the respondent file and serve any outlines of witness evidence, documents, an outline of submissions and any list of authorities upon which they intend to rely, that are relevant to the determination of the out of time issue, by no later than 1 July 2025;

4. THAT the preliminary matter be listed for hearing, on a date to be determined not before 8 July 2025; and

5. THAT the parties have liberty to apply on short notice.

Commissioner T B Walkington