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

Learn about the updated practice notes and procedures in the Land & Environment Court of NSW, aimed at achieving a just, quick, and inexpensive resolution. Explore the key features of the Practice Note on Class 1 Development Appeals and the two new Practice Notes on Subpoena Practices and Urgent Applications. Stay informed about future developments, including revisions to existing practice notes and improved electronic filing.

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

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  1. The Land and Environment Court Planning Principles, Policies and Practice Notes • Practice Notes - Update on practice and procedure • Joanne Gray • Registrar

  2. 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

  3. 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

  4. 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

  5. Land and Environment Court of NSW Class 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)

  6. Land and Environment Court of NSW New 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

  7. Land and Environment Court of NSW New 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

  8. Land and Environment Court of NSW Future 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

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