CITATION: Dixon -v- RNJ Sicame Pty Ltd & anor; Sims -v- RNJ Sicame Pty Ltd & anor [2002] NSWADT 154 revised - 11-Sep-2002 DIVISION: Equal Opportunity Division PARTIES: 1. APPLICANT
Elsie Dixon
1. RESPONDENT
RNJ Sicame Pty Ltd
2. RESPONDENT
John Knox
2. APPLICANT
Jocelyn Sims
1. RESPONDENT
RNJ Sicame Pty Ltd
2. RESPONDENT
John KnoxFILE NUMBER: 011076; 011078 HEARING DATES: 05/03/02 SUBMISSIONS CLOSED: 04/03/2002 DATE OF DECISION:
08/30/2002BEFORE: Britton A - Judicial Member; Taksa L - Member; Weule B - Member APPLICATION: Joinder of parties MATTER FOR DECISION: Preliminary decision LEGISLATION CITED: Administrative Decisions Tribunal Act 1997
Anti-Discrimination Act 1977
Racial Discrimination Act 1975 (Cth)
Sex Discrimination Act 1984 (Cth)
Disability Discrimination Act 1992 (Cth)CASES CITED: Australian Doctors Trained Overseas Association Inc v Director General, NSW Department of Health [2000] NSWADT 115
Bonnella v Wollongong City Council [2001] NSWADT 194
Bignell v NSW Casino Control Authority [2001] NSWADTAP 41
Z (No. 2) v University of A [2001] NSWADT 138
Z (No. 3) v University of A [2001] NSWADT 182
Allan v Transurban City Link Ltd [2001] HCA 58
Gregor v State of Victoria [2000] VCAT 414
Cooper v Human Rights Commission [1999] FCA 180
Adelaide City Corporation v Australasian Performing Rights Association Ltd (1928) 40 CLR 481
Elliott v Nanda & Commonwealth [2001] FCA 418
Young v Australian Workers' Union (1974) 5 ALR 347
Djokic v Sinclair & Central Queensland Meat Export Company (Aust) Pty Limited (1994) EOC T92-643
Horne & Anor v Press Clough Joint Venture & Anor (1994) EOC T92-556REPRESENTATION: APPLICANTS
S Ryan, solicitor
RESPONDENTS
C Ronalds, barristerORDERS: 1. Applications to join the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, NSW Branch, Sandra Zuliani and Martin Cartwright to proceedings 011076 and 011078 are refused.; 2. Application for costs to be determined at the conclusion of the proceedings.; 3. The applicants to file and serve Points of Claim, and any evidence on which they seek to rely within 28 days of the date of this decision.; 4. The respondents to file and serve Points of Defence, and any evidence on which they seek to rely within 28 days of receiving the documents referred to in Order 3.; 5. The applicants to file and serve any evidence in reply within 14 days of receipt of the documents referred to in Order 4.; 6. The matters to be set down for a case conference for the allocation of hearing dates at a date to be fixed by the Registrar.; 7. The parties be granted leave to restore this matter for further directions and/or orders upon 7 days notice.
1 This decision concerns an application to join the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, NSW Branch (the union) and union organisers, Sandra Zuliani and Martin Cartwright (the Additional Parties) to these proceedings (011076 and 011078). This application is made by John Knox (the second respondent) and his employer, RNJ Sicame Pty Ltd (the first respondent). These proceedings concern complaints of sexual…
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- Case
- [2002] NSWADT 154
- Decision Date
CaseChat Overview and Summary
The court considered the application to join the additional parties and determined that there was insufficient justification for their inclusion in the proceedings. Consequently, the applications to join the union and the individuals were dismissed. The court also addressed the procedural matters of the case, setting timelines for the filing of Points of Claim, Points of Defence, and any subsequent evidence. It was decided that the applicants had 28 days from the date of the decision to file their Points of Claim and evidence, with the respondents having 28 days from receipt of these documents to file their Points of Defence and evidence. A further 14 days was granted for the applicants to file any reply evidence. The court further mandated a case conference to be held to allocate hearing dates, with the option for the parties to restore the matter for further directions upon notice.
In conclusion, the court issued several orders aimed at streamlining the proceedings. The applications to join additional parties were refused, and specific timelines were established for the filing of various documents and evidence. The matters were set down for a case conference to determine the allocation of hearing dates, and the parties were granted leave to restore the matter for further directions if necessary. The decision also addressed the determination of costs, setting it to be resolved at the conclusion of the proceedings.
Orders
Orders of the court
1. Applications to join the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union, NSW Branch, Sandra Zuliani and Martin Cartwright to proceedings 011076 and 011078 are refused.; 2. Application for costs to be determined at the conclusion of the proceedings.; 3. The applicants to file and serve Points of Claim, and any evidence on which they seek to rely within 28 days of the date of this decision.; 4. The respondents to file and serve Points of Defence, and any evidence on which they seek to rely within 28 days of receiving the documents referred to in Order 3.; 5. The applicants to file and serve any evidence in reply within 14 days of receipt of the documents referred to in Order 4.; 6. The matters to be set down for a case conference for the allocation of hearing dates at a date to be fixed by the Registrar.; 7. The parties be granted leave to restore this matter for further directions and/or orders upon 7 days notice.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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