Land and Environment Court

Preparing for the first directions hearing

The Practice Note requires the parties to the appeal to take certain steps before the first directions hearing, as follows.

WHO

STEP

DESCRIPTION

VALUER-GENERAL

PROVIDE ACCESS TO THE DOCUMENTS

The Valuer-General is to provide the applicant with access to documents relevant to the Valuer-General’s consideration and determination of the valuation (paragraph 10).

 

APPLICANT

NOTIFY VALUER-GENERAL OF CONTENDED VALUATION

The applicant is to notify the Valuer-General of the valuation for which the applicant contends (paragraph 11).

 

BOTH PARTIES

MEET FOR MEDIATION

The applicant and Valuer-General are to meet for the purpose of mediation to attempt to resolve the case without the need for a court hearing (paragraph 12).

 

BOTH PARTIES

DISCUSS AND AGREE WHETHER TO RELY ON EXPERT EVIDENCE

The applicant and Valuer-General are to discuss whether they propose to rely on expert evidence, including valuation evidence (paragraph 13).

 

BOTH PARTIES

COMPLETE VALUATION OBJECTIONS INFORMATION SHEETS

The applicant and Valuer-General are to complete a valuation objections information sheet which is to be handed to the Court at the first directions hearing (paragraph 14).

 

BOTH PARTIES

DISCUSS AND AGREE ON DIRECTIONS

The applicant and Valuer-General are to discuss and agree upon the directions which the Court should make at the first directions hearing.   These directions should be based on the usual directions at first directions hearing in Schedule B of the Practice Note.   If the parties do not agree, each party should prepare their own version of the directions they propose.

 

 

 

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