Smith and Greenfield Products

[1994] IRCA 161

INDUSTRIAL RELATIONS COURT OF AUSTRALIA

Mr G McIlwaine, Judicial Registrar

No NI 666 of 1994

SMITH

AND

GREENFIELD PRODUCTS

Hearing:  Friday 16 December 1994
Further Hearing:  Thursday 22nd December 1994 and Friday 23rd December 1994.

Application to vacate Hearing dates

THE J. REGISTRAR:  In relation to paragraph 1 of the Notice of Motion that the hearing dates be vacated, I dismiss that part of the Motion on the basis of an agreement between the parties that the hearing will commence some time between 11.00 am and 12 noon on Thursday 22 December 1994 and continue on Friday 23 December 1994 with a start on that day at 9.30 am, or as agreed at the conclusion of evidence on Thursday 22 December 1994.

Further evidence is to be given by witnesses for the Respondent.  I note that Mr Marks is unavailable because he would then be the only available staff member in Brisbane to attend to the Respondent’s business on Friday 23 December 1994.  For this reason Mr Marks is not expected to give evidence on these days.  The Hearing will continue on Friday 23 December 1994 with a completion time at 1.00 pm to enable witnesses, the Respondent and instructing solicitor to return to Brisbane on that day.

I order that the parties are to confer with the Sydney District Registrar or his officers with a view to arranging video link facilities in the Federal Court precincts in early 1995 to hear witnesses that are required for cross examination who live outside of New South Wales and Queensland.  If a dispute arises on this issue counsel have leave to refer the matter to me in chambers.

Paragraph two of the Notice of Motion filed on 13 December 1994 relating to the subpoena for production of documents is stood over for further argument before me on Thursday 22 December 1994 subject to the parties not achieving agreement on the documents to be produced in the mean time. 

I reserve the question of costs.

Judicial Registrar McIlwaine

INDUSTRIAL RELATIONS COURT OF AUSTRALIA

Mr G McIlwaine, Judicial Registrar

No NI 666 of 1994

SMITH

AND

GREENFIELD PRODUCTS

Hearing:  Friday 16 December 1994
Further Hearing: Thursday 22nd December 1994

Further Application to Vacate Hearing Dates

Miss Howell appears for Applicant and mentions matter by consent for Mr Moses Counsel for Respondent.  Miss Howell advises the Court that the Matter has settled subject to details of Deed of Release being agreed and seeks an indefinite adjournment.

I refuse the application on the basis that this would leave Court without any control of the situation should agreement not be reached on the terms of the Deed of Release.

I order that matter stand over part heard before me at 1100am Monday 30 January 1995 for further directions.

Costs were reserved at hearing on Friday 16 December 1995 of the original Notice of Motion to vacate the December hearing dates.

Judicial Registrar McIlwaine