SafeWork NSW v Visscher (No 2); Visscher v SafeWork NSW [2021] NSWIRComm 1087

SafeWork NSW v Visscher (No 2); Visscher v SafeWork NSW [2021] NSWIRComm 1087

The Summons to Produce was not issued for a legitimate forensic purpose in relation to the matters currently before the Full Bench – specifically, the issues of jurisdiction and alleged error by Murphy C. The documents sought were not shown to be relevant to these issues, and there was an additional concern that one item sought to identify an informant, warranting the setting aside of that item as well.

Jurisdiction
Australia
Judgment Date
12 November 2021
Procedural Posture
Appeal and Cross Appeal / Interlocutory Motion to Set Aside Summons to Produce
Outcome
SafeWork’s motion to set aside the Summons is allowed.
Legal Topics
['industrial Relations Commission' 'appeals' 'summons to Produce' 'production of Documents' 'public Interest Immunity']
['employment and Industrial Law'] ['industrial Relations Commission' 'appeals' 'summons to Produce' 'production of Documents' 'public Interest Immunity']

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Procedural Posture

Appeal and Cross Appeal / Interlocutory Motion to Set Aside Summons to Produce

Legal Issues

  1. 1 ['Whether the Summons to Produce issued to Ms Emma Hogan should be set aside' 'Whether the documents sought by Mr Visscher are relevant to the issues presently before the Full Bench, including the question of jurisdiction and error by Murphy C' 'Whether the Summons was issued for a legitimate forensic purpose']

Ratio Decidendi

The Summons to Produce was not issued for a legitimate forensic purpose in relation to the matters currently before the Full Bench – specifically, the issues of jurisdiction and alleged error by Murphy C. The documents sought were not shown to be relevant to these issues, and there was an additional concern that one item sought to identify an informant, warranting the setting aside of that item as well.

Court Disposition

SafeWork’s motion to set aside the Summons is allowed.

Orders

  • ['The Summons to Produce issued to Ms Emma Hogan on 27 October 2021 be set aside.']