Michael Cassino v National Australia Bank Ltd [2001] NSWIRComm 336

Michael Cassino v National Australia Bank Ltd [2001] NSWIRComm 336

The applicant has established sufficient cause to justify an order waiving the fifty document limit under Rule 161(2), as access to the documents is reasonably needed for the purposes of conciliation and the process will not impose undue difficulty or expense on the respondent.

Jurisdiction
Australia
Judgment Date
14 December 2001
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 / Interlocutory Judgment
Outcome
Orders made granting waiver of Rule 161(2) limitation and directing response to the notice to produce within 14 days; costs reserved.
Legal Topics
['practice and Procedure' 'notice to Produce' 'discovery' 'unfair Contract' 'conciliation']
['industrial Law'] ['practice and Procedure' 'notice to Produce' 'discovery' 'unfair Contract' 'conciliation']

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Interlocutory Judgment

Legal Issues

  1. 1 ['Whether the limitation in Rule 161(2) to fifty documents should be waived for the notice to produce' 'Whether notice to produce or discovery is the appropriate process for access to more than fifty documents prior to conciliation']

Ratio Decidendi

The applicant has established sufficient cause to justify an order waiving the fifty document limit under Rule 161(2), as access to the documents is reasonably needed for the purposes of conciliation and the process will not impose undue difficulty or expense on the respondent.

Court Disposition

Orders made granting waiver of Rule 161(2) limitation and directing response to the notice to produce within 14 days; costs reserved.

Orders

  • ['Limitation in Rule 161(2) of the Industrial Relations Commission Rules 1996 waived for the Notice to Produce served on 14 November 2001.' 'The respondent is directed to respond to the notice to produce served on 14 November 2001 within 14 days of the order.' 'Costs of the motion are reserved.']