SafeWork NSW v Rockfield Contracting Pty Ltd [2020] NSWDC 39

SafeWork NSW v Rockfield Contracting Pty Ltd [2020] NSWDC 39

The hearing date should be vacated due to the unavailability of the defendant's expert witness, and further directions are necessary concerning the provision and response to particulars in order to ensure a fair trial and proper preparation of the defence.

Parties
Prosecutor: SafeWork NSW; Defendant: Rockfield Contracting Pty Ltd
Jurisdiction
Australia
Judgment Date
09 March 2020
Procedural Posture
Criminal / Interlocutory Order on Vacating Trial and Particulars Before Trial
Outcome
Trial date vacated; directions given for the provision of particulars and further case management; costs reserved.
Legal Topics
Vacating Hearing Dates, Particulars of Criminal Charges, Procedural Fairness, Workplace Safety Prosecution
Criminal Law Work Health and Safety Law Vacating Hearing Dates Particulars of Criminal Charges Procedural Fairness Workplace Safety Prosecution

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Parties

SafeWork NSW

Prosecutor

Rockfield Contracting Pty Ltd

Defendant

Procedural Posture

Criminal / Interlocutory Order on Vacating Trial and Particulars Before Trial

Legal Issues

  1. 1 Whether the hearing date should be vacated due to unavailability of expert evidence for the defendant
  2. 2 Whether the prosecutor should be required to provide further particulars of the charge to the defendant for a fair trial

Ratio Decidendi

The hearing date should be vacated due to the unavailability of the defendant's expert witness, and further directions are necessary concerning the provision and response to particulars in order to ensure a fair trial and proper preparation of the defence.

Court Disposition

Trial date vacated; directions given for the provision of particulars and further case management; costs reserved.

Orders

  • The trial date of 16 March 2020 is vacated.
  • The defendant to identify any request for particulars (already made or as refined) for which it seeks a response from the prosecutor by 5.00pm on 13 March 2020.