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 thursday, 8 JULY 2021

FILE NO. B 1 OF 2021

CITATION NO. 2021 WAIRC 00204

Result Direction issued

Representation 

Applicant Ms J Raftos (of counsel)

Respondent Mr G Smith (of counsel)

Direction

WHEREAS on 5 May 2021 the Commission issued a Direction [2021] WAIRC 00125; and

WHEREAS on 25 June 2021 the applicant filed a Form 1 – Multipurpose Form, seeking Orders to vary the Direction; and

WHEREAS on 25 June 2021 the respondent informed the Commission that the applicant has not filed and served further and better particulars in support of his claim and requests the matter be listed for a further Directions hearing; and

WHEREAS a further Directions hearing was listed for 7 July 2021;

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 the applicant file and serve further and better particulars in support of his claim, by no later than 22 July 2021

2. THAT each party give formal discovery by serving a list of documents by no later than 6 August 2021;

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

4. THAT the applicant file and serve any signed witness statements upon which they intend to rely by no later than 20 August 2021;

5. THAT the respondent file and serve any signed witness statements upon which they intend to rely by no later than 3 September 2021;

6. 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;

7. 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 17 September 2021;

8. 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 24 September 2021;

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

10. THAT the parties have liberty to apply.

Commissioner T B Walkington