Land and Environment Court

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Announcements

Recent news and announcements

New Practice Note issued - Residential Development Appeals
28 March 2017
The Chief Judge has today issued a new practice note for Class 1 Residential Development Appeals, and repealed the practice note by the same name made on 7 February 2011.

 
The new practice note for residential development appeals reflects the practice notes for Class 1 Development Appeals, and Class 1, 2 and 3 Miscellaneous Appeals. In particular, the Practice Note - Class 1 Residential Development Appeals has been changed to:
 
  • ​clearly articulate the party responsible for filing the Statement of Facts and Contentions prior to the first directions hearing;
  • require the parties to make an application to rely on expert evidence, with that application being made in court at the directions hearing and supported by the hearing information sheet; 
  • require certain documents to be provided in preparation for the conciliation phase of the conciliation and hearing;
  • specify that an adjournment of the conciliation phase is only granted in circumstances where an agreement has been reached in principle;
  • make it clear that there is to be no adjournment if the conciliation conference is terminated;
  • prescribe a procedure for circumstances in which where there has been a default in compliance with the directions;
  • require the completion of a new hearing information sheet; and
  • provide new usual directions.

 

Housing NSW's sales figures
24 March 2017
Housing NSW's medium sales figures for the September quarter 2016 are now available. Metro Rural


 
New Practice Notes and Policy issued
22 March 2017

The Chief Judge has issued new practice notes for Class 1 Development Appeals, and Class 1, 2 and 3 Miscellaneous Appeals​, and repealed the two practice notes by the same name made on 30 April 2007. The Conciliation Conference Policy​ has also been updated. The new practice notes and policy commence on Monday 27 March 2017.​​

The issue of the two new practice notes results in a number of changes to the procedure that applies to development appeals and miscellaneous appeals. Inter alia, the practice notes:

  • clearly articulate the party responsible for filing the Statement of Facts and Contentions prior to the first directions hearing;
  • align the procedure for expert evidence with the provisions of Part 31 of the Uniform Civil Procedure Rules 2005, requiring parties to make an application for leave to rely on expert evidence and for directions for the filing of expert evidence;
  • require certain documents to be provided before a conciliation conference;
  • specify the circumstances in which it is appropriate for an adjournment of a conciliation conference to be given, and how the adjournment is managed;
  • prescribe a procedure for circumstances in which where there has been a default in compliance with the directions;
  • require the completion of new hearing information sheets;
  • provide new usual directions, including usual directions that will be made when a conciliation conference is arranged.

The new Conciliation Conference Policy differs from the earlier policy by:

  • requiring certain documents to be provided before a conciliation conference; and
  • specifying the circumstances in which it is appropriate for an adjournment of a conciliation conference to be given, and how the adjournment is managed.

 
Update to the Court's website
17 March 2017
The Court's website has been updated to provide information on its jurisdiction under the Strata Schemes Development Act 2015. Read about this jurisdiction​ and view the information on how to commence and carry on Class 2 and 3 Strata Scheme Development proceedings.

 
Judicial Newsletter
13 March 2017
Volume 9 Issue 1 of the Court's Judicial Newsletter is now available.

 
AustLII Metrics
13 March 2017
The Court has been involved for a number of years in a collaborative project with A​ustLII to provide a range of metrics showing the use made of LEC decisions etc. The calendar 2016 metrics are now available. 

 
De-Commissioning of old eCourt site
2 March 2017
The old eCourt website (https://ecourt.lec.lawlink.nsw.gov.au/eCourt/home.do) will be decommissioned at the close of business on 10 March 2017. Solicitors seeking to retrieve any data from the former eCourt system (including a record of documents filed) will need to retrieve any information by logging onto the old eCourt site, typing in the old case number and downloading/copying any information to their own computer system. Solicitors seeking to take these steps to retrieve the data may need to use Google Chrome and select "Advanced" to proceed to the old eCourt site.

 
Update on Pla​nning Principles
2 March 2017
Continuing the process of reviewing the existing planning principles of the Court, Moore J has explained, in 193 Liverpool Road Pty Ltd v Inner West Council [2017] NSWLEC 13, that the planning principle in Karavellas v Sutherland Shire Council [2004] NSWLEC 251 concerning redevelopment of sites and potential impacts on neighbouring sites was confirmed and that the planning principles in Cornerstone Property Group Pty Ltd v Warringah Council [2004] NSWLEC 189 and Melissa Grech v Auburn Council [2004] NSWLEC 40 had been subsumed by Karavellas and were no longer required to be referred to in the future. 

 
New Commissioner
23 February 2017

The Chief Judge is pleased to announce the appointment of Joanne Gray as a Commissioner of the Court from Tuesday 18 April 2017. ​

Ms Gray is an Australian lawyer, having practiced primarily in the court and justice sectors for 11 years. She has been a Deputy Registrar of the Supreme Court of NSW and, since 2010, the Registrar of the Land and Environment Court. She has a Bachelor of Science (Psychology) (with Distinction) and a Bachelor of Laws (First Class Honours) from the University of Wollongong. Ms Gray is a nationally accredited mediator. Ms Gray has extensive knowledge and experience of the Land and Environment Court and its work, including case managing, conciliating and adjudicating matters in Class 1, 2 and 3 of the Court’s jurisdiction.​


 
Tree Disputes Student Helpdesk
10 January 2017

The Tree Disputes Student Helpdesk, a free service provided by University Students to provide procedural assistance to parties ​in tree dispute matters, is continuing throughout 2017, with initial dates on January 20, 24 and February 3, 7, 17, 21. Read more.


 

Housing NSW's median sales prices
23 December 2016
Housing NSW's median sales prices for the June quarter 2016 are now available. Metro Rural

Annual Review
14 December 2016
The Court's Annual Review for 2015 is now available.

Leave of absence for Justice Pepper and Appointment of Professor Molesworth AO QC as an Acting Judge

7 December 2016

Justice Pepper will be taking leave of absence from the Court for 12 months from January 2017 to January 2018.  Her Honour will chair the Scientific Inquiry into Hydraulic Fracturing of Unconventional Reservoirs and Associated Activities in the Northern Territory.

Professor Simon Molesworth AO QC has been appointed an acting judge of the Court from 23 January 2017 to 31 December 2017.  Professor Molesworth is one of Australia's leading barristers in planning and environmental law.  After initially practising as a solicitor (from 1978), Professor Molesworth became a barrister in Victoria in 1984 and was appointed a Queen's Counsel in 1995, specialising in environmental, planning,  heritage, and natural resources law.  He is a Vice Chancellor's Professorial Fellow at Monash University. 

​He has served previously as a senior legal member of the Planning Appeals Board and the Planning Division of the Administrative Appeals Tribunal, forerunners to the Victorian Civil and Administrative Tribunal, and as the State Mining Warden for Victoria.  He was appointed first a Member and then an Officer of the Order of Australia for distinguished service to conservation and the environment, to heritage preservation at national and international levels, to the professions and natural resource sectors, and to community health organisations.


The Online Registry Website is changing!
30 November 2016


From 3 December 2016 the Online Registry website will have a new 'look and feel.' Watch the video of the new Online Registry website. Key changes include:

  • Updated design to Online Registry website homepage and all other content
  • One Login point for both Online Registry and Online Court
  • New FAQs function with Search field to help users look for answers to specific queries. The Search function looks for answers to existing FAQs.
  • Once logged in Online Registry, you will notice the following changes:
    • A new menu bar incorporating Online Court
    • Menu labels have changed as follows:
      • Case list is now called 'Search cases'
      • Start or defend a case is now called 'New case'
      • Forms in progress is now 'Saved forms'
      • Forms awaiting payment is now 'Payments'


 
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AustLII Database Metrics
25 November 2016 
AustLII's LEC database metrics and statistics for the years ending 31 December 2014 and 2015 are now available.

 

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