WA Industrial Relations Commission|2009-11-13|Before: Honourable J

This is a procedural court order from the Western Australian Industrial Relations Commission setting out the timetable and steps for an upcoming hearing. Two teachers (Mullen and Sharpe) are in a dispute with their union. The Commission has ordered the parties to exchange documents, prepare witness statements, and file legal arguments before the full hearing in January 2010. One issue to be determined is whether legal professional privilege should apply to certain documents held by the union.

Anthony D Mullen and Christopher C Sharpe -v- Anne Gisborne, President of the State School Teachers Union of Western Australia (Inc.) and The State School Teachers Union of Western Australia Inc [2009] WAIRComm 1192 (13 November 2009)

ANNE GISBORNE, PRESIDENT OF THE STATE SCHOOL TEACHERS UNION OF WESTERN AUSTRALIA (INC.), THE STATE SCHOOL TEACHERS UNION OF WESTERN AUSTRALIA INC

THE STATE SCHOOL TEACHERS UNION OF WESTERN AUSTRALIA INC

CORAM THE HONOURABLE J H SMITH, ACTING PRESIDENT

CITATION NO. 2009 WAIRC 01192

This matter having come on for a directions hearing before me on 6 November 2009, and having heard Mr A D Mullen on behalf of the applicants, and Mr D Balfour as agent on behalf of the respondent and Mr S Millman (of Counsel), by leave, on behalf of the intervener, it is ordered that -

The applicants file and serve particulars of the grounds for seeking an order that the intervener's claim for legal professional privilege be set aside, by 4:00 pm on Friday, 13 November 2009;
The applicants file and serve a list of all documents relevant to the application, by 4:00 pm on Friday, 13 November 2009;
The intervener file and serve its response to the applicants' application to set aside the intervener's claim of legal professional privilege, by 4:00 pm on Wednesday, 18 November 2009;
The applicants, respondent and intervener file and serve a Statement of Agreed Facts, by 4:00 pm on Friday, 20 November 2009;
The applicants, respondent and intervener are to exchange and file witness statements, by 4:00 pm on Friday, 4 December 2009;
The applicants, respondent and intervener are to file and serve a list of the authorities they rely upon by 4:00 pm on Monday, 11 January 2010;
The application be adjourned to a hearing at 111 St Georges Terrace, Perth in Court 3 on Level 18 on Wednesday, 13 January 2010 and Thursday, 14 January 2010 at 10:30 o'clock in the forenoon to hear the abovementioned matter.

Outcomeprocedural

Disposition:

Directions order issued setting procedural timetable for future hearing on 13-14 January 2010

Anthony D Mullen and Christopher C Sharpe -v- Anne Gisborne, President of the State School Teachers Union of Western Australia (Inc.) and The State School Teachers Union of Western Australia Inc [2009] WAIRComm 1192 (13 November 2009)

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Cited legislation

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Judgment (8 paragraphs)

Anthony D Mullen and Christopher C Sharpe -v- Anne Gisborne, President of the State School Teachers Union of Western Australia (Inc.) and The State School Teachers Union of Western Australia Inc [2009] WAIRComm 1192 (13 November 2009)

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