The Land and Environment Court Planning Principles, Policies and Practice Notes

Practice Notes - Update on practice and procedure

Joanne GrayRegistrar

Land and Environment Court of NSW

• In January 2008 - The Court came under the provisions of the Civil Procedure Act 2005

• At that time there were 5 practice notes• 7 years later we have

• 12 Practice Notes• 15 Policies• 2 Practice Directions• 19 sets of usual directions

Land and Environment Court of NSW

Achieving "just, quick and cheap":•Reducing the number of attendances•Limiting the length of each attendance•Achieving time standards between time of lodgement and when the proceedings are finalised

Land and Environment Court of NSW

• Highlight some aspects of the Practice Note - Class 1 Development Appeals

• Summarise key features of the two new practice notes:• Practice Note - Subpoena Practices• Practice Note - Urgent Applications

• Future developments

Land and Environment Court of NSWLand and Environment Court of NSW

Class 1 Development AppealsClass 1 Development Appeals

Information sheet•Facilitates preparation for the directions hearing•Enforces presumption regarding the s34 conference•Seeks information regarding expert evidence including areas of expertise and how it will be given•Allows you to nominate hearing dates and whether the hearing will be in the area of the development

Amended Plans•Notice of motion to be filed within 10 days after the facts and circumstances that led to the amendments (par 28)•Affidavit is to contain certain information (par 29)

Land and Environment Court of NSWLand and Environment Court of NSW

New Practice NotesNew Practice Notes

Practice Note - Subpoena Practices

Two main aims•To encourage electronic production of documents, especially production by email•To remove the need for attendance at a return of subpoena

Land and Environment Court of NSWLand and Environment Court of NSW

New Practice NotesNew Practice Notes

Practice Note - Urgent Applications

•Outlines the role of the Duty Judge•Sets out the procedure for making arrangements for an urgent application to be listed•Outlines what is required when making an urgent application, including requirements for the giving of notice to the respondent

Land and Environment Court of NSWLand and Environment Court of NSW

Future DevelopmentsFuture Developments

•Revision of the following practice notes:• Practice Note - Class 1 Development Appeals• Practice Note - Class 1, 2, 3 Miscellaneous Appeals

•Revision of the Information Sheet

•Improved electronic filing