Sparke v Vocational Training Appeal Panel [2013] NSWIRComm 18

Sparke v Vocational Training Appeal Panel [2013] NSWIRComm 18

Leave to further amend the notice of appeal is refused as it is late, would prejudice the respondents, and adds irrelevant matters. Leave to join additional respondents is refused as those individuals have no obligations under the Act. Leave to issue most of the appellants' summonses for documents and evidence is refused as oppressive or irrelevant, save for records directly related to the appellant's training and any requests for assistance due to disability; leave is granted for respondents to issue targeted summonses and file two additional affidavits relevant to supervision and apprentice on-the-job training.

Jurisdiction
Australia
Judgment Date
19 March 2013
Procedural Posture
Interlocutory Application / Directions Hearing
Outcome
Interlocutory applications determined; applications largely refused except as directed.
Legal Topics
['apprenticeships' 'traineeships' 'obligations of Employers' 'appeal Procedure' 'interlocutory Applications']
['industrial Law'] ['apprenticeships' 'traineeships' 'obligations of Employers' 'appeal Procedure' 'interlocutory Applications']

Case Brief

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Procedural Posture

Interlocutory Application / Directions Hearing

Legal Issues

  1. 1 ['Whether leave should be granted to further amend the notice of appeal' 'Whether additional respondents should be joined to the appeal' 'Whether leave should be granted to issue summonses for documents and evidence' 'Whether further affidavit evidence should be received']

Ratio Decidendi

Leave to further amend the notice of appeal is refused as it is late, would prejudice the respondents, and adds irrelevant matters. Leave to join additional respondents is refused as those individuals have no obligations under the Act. Leave to issue most of the appellants' summonses for documents and evidence is refused as oppressive or irrelevant, save for records directly related to the appellant's training and any requests for assistance due to disability; leave is granted for respondents to issue targeted summonses and file two additional affidavits relevant to supervision and apprentice on-the-job training.

Court Disposition

Interlocutory applications determined; applications largely refused except as directed.

Orders

  • ['The appellants shall issue summonses in proper form as per this judgment by 26 March 2013.' 'The respondents shall file and serve the affidavits of Mr Maher and Mr Jeremy within three days of this judgment.' 'The appeal is listed for further directions at 9.30am on 27 March 2013.']