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 Wednesday, 5 May 2021

FILE NO. B 1 OF 2021

CITATION NO. 2021 WAIRC 00125

Result Direction issued

Representation 

Applicant Ms D van der Westhuyzen (of counsel)

Respondent Mr G Smith (of counsel) and Ms L Jeffers (of counsel)

Direction

HAVING heard from Ms D van der Westhuyzen (of counsel) on behalf of the applicant and Mr G Smith (of counsel) and with him Ms L Jeffers (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 each party shall give an informal discovery by serving its list of documents on each other by no later than 4:00 pm 19 May 2021;

2. THAT inspection and provision of the documents to each other shall be completed by no later than 4:00 pm 2 June 2021;

3. THAT the applicant file and serve further and better particulars in support of his claim, by no later than 16 June 2021;

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

5. THAT the applicant file and serve any signed witness statements upon which they intend to rely by no later than 30 June 2021;

6. THAT the respondent file and serve any signed witness statements upon which they intend to rely by no later than 14 July 2021;

7. 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;

8. 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 28 July 2021;

9. 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 11 August 2021;

10. THAT the matter be listed for hearing for 3 days on a date to be set; and

11. THAT the parties have liberty to apply.

Commissioner T B Walkington