Haberecht and Australian Capital Territory (Compensation)

The applications before the ACT Civil and Administrative Tribunal (ACAT) concerned compensation claims brought by Mr Haberecht against the Australian Capital Territory. The primary dispute revolved around whether six separate compensation applications should be heard together, with a specific focus on the timing and joinder of these applications.

The Tribunal was required to determine whether it was fair, just, convenient, and preferable to hear five of the applications in December as listed. Furthermore, the Tribunal had to decide whether the sixth application should be joined with the other five, or if it should proceed separately, and what procedural orders might be necessary to manage the sixth application effectively, particularly in relation to minimising duplication of evidence and fact-finding with the other five applications.

The Member found it fair, just, convenient, and preferable to proceed with the hearing of the five applications in December. The Tribunal determined that the sixth application should not be joined with the other five and should proceed in the usual manner, subject to any procedural orders that the parties might request or that would be desirable to minimise duplication. The parties were given seven days to request such procedural orders, including the possibility of severing part of the sixth application to be dealt with in the December hearing. The application for adjournment was refused, and parties were directed to file any requests for procedural orders concerning application 2020/7056 within seven days.