SafeWork NSW v CJ Formwork Pty Ltd; SafeWork NSW v Growthbuilt Pty Ltd

The parties involved in this case were SafeWork NSW and two companies, CJ Formwork Pty Ltd and Growthbuilt Pty Ltd. SafeWork NSW brought the case regarding occupational health and safety issues. The case was heard in the District Court of Queensland. The legal issues that the court had to decide were whether it was appropriate to take evidence from interstate witnesses via an audio-visual link (AVL) during the COVID-19 pandemic and if the defendant would be unfairly disadvantaged by such arrangements. The court also had to consider whether the facilities available were suitable and if there would be any problems that would require modifications to the directions.

The court considered the overriding purpose of ensuring a fair trial and whether the proposed arrangements would facilitate this. It noted that the directions for AVL evidence could be rescinded or modified if any problems emerged. The court decided that Jeff Burnette would give evidence via AVL from a conference room provided by the Queensland Law Society, with only an independent legal practitioner present. Peyman Khaleghi would also give evidence via AVL from a room provided by the Law Institute of Victoria, with an accredited interpreter and an independent legal practitioner present. The court also directed that the prosecutor and the defendant supply indexed and paginated folders of documents to the relevant independent legal practitioners. The court granted liberty to apply to re-list the matter for any necessary amendments or further directions.

The court's final orders included directing the witnesses to give evidence via AVL using specific software and facilities, limiting the people present during the AVL evidence, and directing the parties to supply relevant documents to the independent legal practitioners. The court also granted liberty to apply to re-list the matter for any necessary amendments or further directions and ordered the costs of the motions to be costs in the cause.