WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Charles Henry Rosenthal

APPLICANT

-v-

John Palermo

RESPONDENT

CORAM Acting Senior Commissioner P E Scott

DATE Thursday, 21 January 2010

FILE NO/S U 10 OF 2009, B 101 OF 2009

CITATION NO. 2010 WAIRC 00023

Result Orders limiting the times for presentation of cases

Representation

Applicant Ms R Cosentino (of counsel)

Respondent In Person and Mr T Palermo (as agent)

Order

Having heard from Ms R Cosentino of counsel on behalf of the applicant and Mr T Palermo and the respondent on his own behalf, by way of written correspondence, the Commission, pursuant to the powers set out in the Industrial Relations Act 1979 hereby:

1. Declares that the periods set out in Order 2 hereunder are those reasonably necessary for the fair and adequate presentation of the parties’ respective cases;

2. Orders that the parties shall present their cases in accordance with the maximum periods set out below:

(a) completion of the cross examination of the applicant, Charles Henry Rosenthal – a

further day;

(b) completion of the evidence of Victor John Matthews:

(i) examination in chief – a further half day or 2.5 hours, whichever is greater;

(ii) cross examination – 1.5 hours.

(c) evidence of Tony Palermo:

(i) examination in chief – 2 hours;

(ii) cross examination – 1.5 hours.

(d) evidence of John Palermo:

(i) examination in chief – 2 hours;

(ii) cross examination – 30 minutes.

(e) evidence of Noel Nancarow:

(i) examination in chief – 1 hour;

(ii) cross examination – 10 minutes.

(f) evidence of Todd Nancarrow, Bob Nancarrow, Michael Venn and Tim Venn:

(i) examination in chief – 1 hour each:

(ii) cross examination – by application, provided that it shall be no more than

thirty minutes each.

(g) evidence of David Cabassi:

(i) examination in chief – one hour;

(ii) cross examination – 20 minutes.

3. Orders that closing submissions be made orally at the conclusion of the evidence, with each of the respondent and applicant being limited to 1 hour.

4. The hearing of this matter shall be re listed for a period of 5 days at which time it shall conclude unless further time is allowed.

Acting Senior Commissioner P E Scott