Health Services Union v Jackson [2014] FCA 1215

Health Services Union v Jackson [2014] FCA 1215

The Court accepted Associate Professor Pakula's evidence that Ms Jackson's medical condition prevented her from preparing for and participating in the December 2014 hearing and from giving proper attention to the litigation until at least mid-January 2015 or later. Because she faced serious allegations, the interests of justice required vacating the trial dates, relieving her of outstanding procedural obligations, and adjourning the HSU's summary judgment application so that she could later consider and respond to it.

Jurisdiction
Australia
Judgment Date
05 November 2014
Procedural Posture
Industrial Law Proceedings in the Fair Work Division Involving Claims and Cross Claims by the Health Services Union and Applications Concerning Adjournment, Directions, Summary Judgment and Suppression of Evidence / Interlocutory Applications Before Trial Fixed for 1 December 2014
Outcome
Ms Jackson's interlocutory application was allowed to the extent that the trial was adjourned and she was relieved of outstanding procedural obligations; it was otherwise dismissed. The HSU's interlocutory application for summary judgment was further adjourned. Suppression and confidentiality orders were made for...
Legal Topics
['adjournment of Trial' 'capacity to Give Instructions' 'summary Judgment Application' 'suppression and Restricted Publication of Medical Evidence' 'breach of Duty Claims' 'fair Work Act Entitlements']
['industrial Law' 'civil Procedure'] ['adjournment of Trial' 'capacity to Give Instructions' 'summary Judgment Application' 'suppression and Restricted Publication of Medical Evidence' 'breach of Duty Claims' 'fair Work Act Entitlements']

Case Brief

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Procedural Posture

Industrial Law Proceedings in the Fair Work Division Involving Claims and Cross Claims by the Health Services Union and Applications Concerning Adjournment, Directions, Summary Judgment and Suppression of Evidence / Interlocutory Applications Before Trial Fixed for 1 December 2014

Legal Issues

  1. 1 ['Whether the trial fixed to commence on 1 December 2014 should be adjourned because Ms Jackson was medically unable to give instructions, prepare for and participate in the hearing.' 'Whether Ms Jackson should be relieved from outstanding procedural obligations pending further medical evidence.' "Whether the HSU's application for summary judgment should be further adjourned." 'Whether oral evidence and annexed medical material of Associate Professor Irwin Pakula should be suppressed or restricted from publication.']

Ratio Decidendi

The Court accepted Associate Professor Pakula's evidence that Ms Jackson's medical condition prevented her from preparing for and participating in the December 2014 hearing and from giving proper attention to the litigation until at least mid-January 2015 or later. Because she faced serious allegations, the interests of justice required vacating the trial dates, relieving her of outstanding procedural obligations, and adjourning the HSU's summary judgment application so that she could later consider and respond to it.

Court Disposition

Ms Jackson's interlocutory application was allowed to the extent that the trial was adjourned and she was relieved of outstanding procedural obligations; it was otherwise dismissed. The HSU's interlocutory application for summary judgment was further adjourned. Suppression and confidentiality orders were made for...

Orders

  • ['The trial fixed to commence on 1 December 2014 be adjourned to a date to be fixed.' 'Ms Jackson, as respondent in VID 1042 of 2013 and third cross respondent in NSD 1501 of 2013, be relieved of the obligation to comply with outstanding directions until a date to be fixed.' "Ms Jackson's interlocutory application...