David Charles Campbell and DDB Needham Melbourne Pty Limited [1994] IRCA 71

David Charles Campbell and DDB Needham Melbourne Pty Limited [1994] IRCA 71

The judicial registrar found it would have been appropriate to hear the first notice of motion and declined to exercise discretion to refer the notice of motion under section 378(1). Arrangements were made to have the second notice of motion referred to the district registrar for referral to a judge pursuant to...

Source-derived case information.

Parties
Applicant: David Charles Campbell; Respondent: DDB Needham Melbourne Pty Limited
Jurisdiction
Australia
Judgment Date
31 August 1994
Procedural Posture
Application Under Section 170 EA / Preliminary Decision Regarding Referral of Notice of Motion
Outcome
Directions hearing adjourned; first notice of motion adjourned; second notice of motion referred to district registrar for referral to a judge
Legal Topics
Application for Remedy Under Section 170 EA, Notice of Motion for Dismissal, Delegation and Referral Under Section 378
Industrial Relations Application for Remedy Under Section 170 EA Notice of Motion for Dismissal Delegation and Referral Under Section 378

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Parties

David Charles Campbell

Applicant

DDB Needham Melbourne Pty Limited

Respondent

Procedural Posture

Application Under Section 170 EA / Preliminary Decision Regarding Referral of Notice of Motion

Legal Issues

  1. 1 Whether the judicial registrar should exercise discretion under section 378(1)(b) to refer the respondent’s first notice of motion to a judge
  2. 2 Appropriate arrangements regarding competing notices of motion

Ratio Decidendi

The judicial registrar found it would have been appropriate to hear the first notice of motion and declined to exercise discretion to refer the notice of motion under section 378(1). Arrangements were made to have the second notice of motion referred to the district registrar for referral to a judge pursuant to section 378(2).

Court Disposition

Directions hearing adjourned; first notice of motion adjourned; second notice of motion referred to district registrar for referral to a judge

Orders

  • The directions hearing be adjourned to a date to be fixed
  • The respondent's notice of motion filed on 1 August 1994 be adjourned to a date to be fixed