Practice Note No.2

First Issue Date:
16 December 1998
Re-Issue Date
1 February 2010

Re-issued pursuant to Section 185A of the Industrial Relations Act 1996 and Section 15 of the Civil Procedure Act 2005
    1. The purpose of this Practice Note is to enable the timely provision of lists of authorities and legislation so as to facilitate the hearing of all matters before the Commission, both at first instance and on appeal.
      2. This Practice Note has effect from the date of re-issue.
        3. Each party appearing in proceedings shall file a typewritten list of authorities and legislation, in sufficient copies for each member of the Commission concerned, with the Industrial Registry no later than 10.00 am on the last working day before the hearing of the matter. Filing may be effected by facsimile transmission.
          4. A supplementary list of no more than four authorities and legislation may be filed, by facsimile transmission or otherwise, no later than 4.00 pm on the last working day before the hearing.
            5. A copy of the list (or lists) of authorities and legislation should be served on the other parties, by facsimile transmission or otherwise, no later than 4.00 pm on the last working day before the hearing.
              6. The list should be divided into two parts. Part "A" should contain only the authorities and legislation from which passages are to be read or specifically referred to. Part "B" should contain the authorities and legislation which might be referred to generally but from which passages are not to be read or referred to specifically. The relevant sections of legislation should be specified.
                7. If lists of authorities and legislation are not provided in accordance with this Practice Note then the defaulting party shall make available at the hearing sufficient photocopies of cases for use by the Commission and the other parties.
                  8. The Commission will not ordinarily have available for use at the hearing those cases on the lists of authorities except:
                    (a) cases in Part "A" of the lists that are reported in the Commonwealth Law Reports, New South Wales Law Reports, Commonwealth Arbitration Reports, Arbitration Reports (N.S.W.), Industrial Reports, Federal Law Reports (Volumes 1 to 137), Australian Law Reports, Industrial Arbitration Service Current Review, Industrial Relations Court Reports, State Reports (New South Wales) and
                    (b) in hearings before single members of the Commission at 47 Bridge Street Sydney - cases in Part "A" reported in the reports listed in subparagraph (a) of this paragraph and the Australian Criminal Reports, Australian Law Journal Reports, Australian and New Zealand Equal Opportunity Cases, Federal Court Reports, Federal Law Reports, New South Wales Reports (1960-1970), New South Wales Weekly Notes, Queensland Government Industrial Gazette, South Australian Industrial Reports, Victorian Law Reports (1905 to 1956), Victorian Reports, Western Australian Industrial Gazette and English cases reported in the following reports:
                      (i) Authorised Reports
                      (ii) Weekly Law Reports
                      (iii) All England Law Reports (1936 to 1993)
                      (iv) Industrial Cases Reports (1972 to 1993)
                      (v) Industrial Relations Law Reports (1973 to 1990).

                  9. It is the responsibility of a party intending to refer at any length to additional cases (that is, cases not included in Part "A" of a list of authorities filed in accordance with this Practice Note or cases in reports not referred to in the relevant subparagraph of paragraph 8) to provide photocopies of those cases (or relevant parts of them) to be made available to the Commission during the argument.

                  10. It is the responsibility of a party intending to rely upon any material (including a decision/judgment) contained in a loose-leaf service, an unreported decision/judgment (other than an unreported decision/judgment of the Commission), or any text book, reference book, published article or dictionary to provide photocopies, or the relevant extract therefrom, for the use of the Commission to be made available during the argument.
                    11. Cases in Part "B" of the lists of authorities will not be obtained by the Commission before the hearing begins. If a party decides to refer at any length to such a case during the hearing, then, as soon as possible, a note should be passed to the court officer that the particular case will be required or else the relevant party shall provide photocopies for the use of the Commission.
                      12. It should be noted that:
                        (a) The Commission does not wish to be provided with photocopies of cases unnecessarily. Where relevant reports are readily available to the Commission, as identified herein, the Commission’s preference is to use those reports.
                        (b) For the purposes of awarding of costs -
                          (i) the provision of photocopies of cases at the hearing before the Commission is not ordinarily considered a discharge of the party’s responsibility to provide proper assistance to the Commission for the hearing of the proceedings; and
                          (ii) the costs of providing photocopies of cases to the Commission or to another party for the purposes of a hearing before the Commission (where such photocopies are provided because of the requirements of paragraph 7 of this Practice Note) shall not be allowed as part of the costs of any party in the proceedings or charged by any legal practitioner to his or her client, without a specific order being made by the Commission or the Registrar which provides for the allowance of such costs or charge, as the case may be.

                      Boland J, President
                      1 February 2010