Mallegowda v Transport Secretary (No 3) [2024] NSWIRComm 1054

Mallegowda v Transport Secretary (No 3) [2024] NSWIRComm 1054

The applicant was required to adduce evidence satisfying UCPR 7.18(5), including evidence that the proposed tutor consented to appointment and had no adverse interest, but failed to do so; the notice of motion was therefore dismissed.

Jurisdiction
Australia
Judgment Date
29 August 2024
Procedural Posture
Victimisation Proceedings; Notice of Motion Seeking Appointment of a Tutor / Procedural Ruling on Notice of Motion Filed 28 August 2024
Outcome
Notice of motion filed on 28 August 2024 by the applicant is dismissed.
Legal Topics
['industrial Relations Commission Procedure and Powers' 'victimisation Proceedings' 'self Represented Applicant' 'appointment of Tutor' 'evidentiary Requirements Under UCPR 7.18(5)(b)']
['employment and Industrial Law' 'civil Procedure'] ['industrial Relations Commission Procedure and Powers' 'victimisation Proceedings' 'self Represented Applicant' 'appointment of Tutor' 'evidentiary Requirements Under UCPR 7.18(5)(b)']

Case Brief

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Procedural Posture

Victimisation Proceedings; Notice of Motion Seeking Appointment of a Tutor / Procedural Ruling on Notice of Motion Filed 28 August 2024

Legal Issues

  1. 1 ['Whether the Commission should appoint a tutor/legal practitioner for the applicant under UCPR 7.18.' 'Whether the applicant provided the evidence required by UCPR 7.18(5), including evidence that the proposed tutor consents to appointment and has no adverse interest.']

Ratio Decidendi

The applicant was required to adduce evidence satisfying UCPR 7.18(5), including evidence that the proposed tutor consented to appointment and had no adverse interest, but failed to do so; the notice of motion was therefore dismissed.

Court Disposition

Notice of motion filed on 28 August 2024 by the applicant is dismissed.

Orders

  • ['Notice of motion filed on 28 August 2024 by the applicant is dismissed.']