Application by K.M [2016] FWC 2088 (18 April 2016)

(#P25_1543) In all of the particular circumstances I have "de-identified" the names of the parties and individuals in this decision. These circumstances include the fact that there have been defamation and contempt proceedings before the Supreme Court of New South Wales involving some undertakings by the applicant about the making of certain (directly related) allegations in public. Although the applicant considers that these undertakings have been relied upon unfairly in that matter, findings of the Court have been made and it is not appropriate that this Commission effectively undermine the purpose of those undertakings particularly when I have found that there is no basis upon which the substantive merits of this case can be dealt with. I also note that this matter has been heard at all times in a private conference or hearing and all parties either supported, or did not oppose, the issuing of a decision in this form.