SafeWork NSW v CJ Formwork Pty Ltd; SafeWork NSW v Growthbuilt Pty Ltd [2020] NSWDC 501

SafeWork NSW v CJ Formwork Pty Ltd; SafeWork NSW v Growthbuilt Pty Ltd [2020] NSWDC 501

The court was satisfied that audio visual link evidence should be directed. The Law Institute of Victoria could be inferred to have appropriate facilities, subject to Stage 4 restrictions and the court's continuing control. The concerns raised about Mr Khaleghi's interpreter, physical and intellectual difficulties, documents, photographs and credit would largely arise whether he gave evidence in Sydney or by audio visual link, and could be managed by slower pace, breaks, indexed document bundles, an independent legal practitioner, and electronic transmission or display of marked photographs. Fairness to Growthbuilt would be protected because the AVL directions could be revoked or modified...

Jurisdiction
Australia
Judgment Date
04 September 2020
Procedural Posture
Criminal Prosecutions / Motions Seeking Directions That Interstate Witnesses Give Evidence by Audio Visual Link Before Defended Trial
Outcome
Directions made for Jeff Burnette and Peyman Khaleghi to give evidence by audio visual link, with safeguards; costs of the Motions to be costs in the cause.
Legal Topics
['audio Visual Link Evidence' 'interstate Witnesses' 'covid 19 Pandemic Restrictions' 'fair Trial' 'interpreter Assisted Evidence']
['criminal Law' 'evidence' 'work Health and Safety'] ['audio Visual Link Evidence' 'interstate Witnesses' 'covid 19 Pandemic Restrictions' 'fair Trial' 'interpreter Assisted Evidence']

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Procedural Posture

Criminal Prosecutions / Motions Seeking Directions That Interstate Witnesses Give Evidence by Audio Visual Link Before Defended Trial

Legal Issues

  1. 1 ['Whether suitable facilities were available for interstate witnesses to give evidence by audio visual link.' 'Whether directing Mr Peyman Khaleghi to give evidence by audio visual link would be unfair to Growthbuilt Pty Ltd.' 'Whether the need for an interpreter and possible physical or intellectual difficulties made audio visual link evidence unworkable or unfair.']

Ratio Decidendi

The court was satisfied that audio visual link evidence should be directed. The Law Institute of Victoria could be inferred to have appropriate facilities, subject to Stage 4 restrictions and the court's continuing control. The concerns raised about Mr Khaleghi's interpreter, physical and intellectual difficulties, documents, photographs and credit would largely arise whether he gave evidence in Sydney or by audio visual link, and could be managed by slower pace, breaks, indexed document bundles, an independent legal practitioner, and electronic transmission or display of marked photographs. Fairness to Growthbuilt would be protected because the AVL directions could be revoked or modified...

Court Disposition

Directions made for Jeff Burnette and Peyman Khaleghi to give evidence by audio visual link, with safeguards; costs of the Motions to be costs in the cause.

Orders

  • ['Direct that Jeff Burnette give evidence to the court by audio visual link using MS Teams software from a conference room with AVL facilities provided by the Queensland Law Society.' 'Direct that when Jeff Burnette is giving evidence by AVL, the only other person who may be in the room with him is an independent...