SafeWork NSW v Boral Cement Ltd; SafeWork NSW v Fenner Dunlop Australia Pty Ltd

SafeWork NSW has brought criminal charges against Boral Cement Ltd and Fenner Dunlop Australia Pty Ltd, alleging offences arising from the same circumstances. The defendants have applied for separate trials, but the court has decided that the charges should be heard together in a joint trial. This decision was made after careful consideration of the competing interests of the defendants, the witnesses, the prosecutor, and the court.

The court had to decide whether a joint trial would give rise to injustice or forensic unfairness, and whether separate trials would increase the inconvenience to witnesses or the costs to the prosecutor and the court. The court found that a joint trial would not give rise to any injustice or unfairness, and that separate trials would increase the inconvenience to witnesses and the costs to the prosecutor and the court. The court also considered the defendants' arguments that separate trials were necessary in the interests of justice, but found that this was not a sufficient reason to override the other considerations.

The court's reasoning was based on the principle that justice should be administered efficiently and fairly, and that the interests of all parties should be balanced. The court found that a joint trial was the most efficient and fair way to resolve the dispute, and that the inconvenience and costs of separate trials outweighed the defendants' arguments in favour of them. The court also confirmed the interlocutory orders made in relation to each defendant, and listed the matter for hearing for four weeks before the same judge commencing on 27 October 2025.