Priscilla Atkins headed for mediation with NAAJA over disputed sacking

The longtime CEO of NAAJA is challenging the decision to remove her from her post. Read what the Federal Court heard.

At least one expert is expected to testify at a contested trial between NAAJA and its CEO Priscilla Atkins if upcoming mediation is unsuccessful. Picture: (A)manda Parkinson

A dispute between the North Australian Aboriginal Justice Agency and its longtime chief executive is headed for mediation after the Federal Court extended an order preventing her sacking.

NAAJA chief executive Priscilla Atkins is challenging a decision to remove her from her post after the organisation said the working relationship had “completely and utterly broken down”.

On Thursday, Ms Atkins’ barrister, Malcolm Harding SC, told Justice Natalie Charlesworth the parties had agreed to attend mediation over the dispute “on an urgent basis”.

In ordering the mediation be completed by April 6, Justice Charlesworth also extended an order preventing Ms Atkins’ sacking until a case management hearing next month.

Justice Charlesworth said “on the pessimistic basis that the mediation is unsuccessful”, the next hearing date would be used to hammer out practical issues before the case went to trial.

“The parties might use the mediation, not only to mediate, if they can, a holistic and whole approach to the matter, but they might also agree, for example, uncontentious facts that might form the basis of an agreement under section 191 of the Evidence Act to contract the length of any trial,” she said.

“If (an expedited trial) is sought, the parties should have some idea between themselves about the number of witnesses they might call and the likely length of the trial.

“I understand there might be some expert evidence being called by at least one party and the parties should correspond with each other as to whether an expert is proposed to be called, that person’s expertise (and) the subject matter of any expert report so that the other party has enough notice to seek advice and instructions about whether to obtain expert evidence in response.”

In adjourning the hearing until April 26, Justice Charlesworth said she was “optimistic that I don’t see you again, at least in this context in this matter”.

“But if the mediation is unsuccessful, I trust you will use it to narrow the issues and shorten the length and cost of the trial,” she said.

Ms Atkins, an Eastern Arrernte woman, had headed up the Indigenous legal aid service for 15 years until she was suspended with pay late last year.

Last month, the court heard an investigation into undisclosed allegations had been running since November 2021.

Originally published as Priscilla Atkins headed for mediation with NAAJA over disputed sacking