Albin Erich Richsteiger v Century Geophysical Corporation [1995] IRCA 546

Albin Erich Richsteiger v Century Geophysical Corporation [1995] IRCA 546

The proceedings should be transferred to Adelaide because the relevant employment, the respondent's administrative centre, the applicant's residence, and the respondent's legal representatives were all connected with South Australia, while there was no evidence that transfer would impose a significant cost burden or...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 September 1995
Procedural Posture
Application Under S170 EA of the Industrial Relations Act 1988 / Procedural Ruling on Respondent's Notice of Motion to Transfer Proceedings
Outcome
Proceedings transferred to the Adelaide Registry of the Industrial Relations Court of Australia.
Legal Topics
['transfer of Proceedings' 'registry Transfer' 'convenient Location for Hearing' 'employment Related Proceedings Under S170 Ea']
['industrial Relations' 'civil Procedure'] ['transfer of Proceedings' 'registry Transfer' 'convenient Location for Hearing' 'employment Related Proceedings Under S170 Ea']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application Under S170 EA of the Industrial Relations Act 1988 / Procedural Ruling on Respondent's Notice of Motion to Transfer Proceedings

Legal Issues

  1. 1 ['Whether proceedings initiated in Hobart should be transferred to the Adelaide Registry pursuant to Order 10 r1.sr.2(f) of the Industrial Relations Court Rules.' 'Whether the applicant had shown a sufficient cost or practical burden to justify keeping the proceedings in Hobart.']

Ratio Decidendi

The proceedings should be transferred to Adelaide because the relevant employment, the respondent's administrative centre, the applicant's residence, and the respondent's legal representatives were all connected with South Australia, while there was no evidence that transfer would impose a significant cost burden or other sufficient burden on the applicant outweighing those factors.

Court Disposition

Proceedings transferred to the Adelaide Registry of the Industrial Relations Court of Australia.

Orders

  • ['The proceeding in matter no. TI95/1256 be transferred to the Adelaide Registry of the Industrial Relations Court of Australia.' 'Pursuant to Order 10 r1.sr.2(f), the registrar take all necessary steps.' "All matters arising out of the application, including any outstanding aspect of the respondent's notice of...