25 March 2019
Volume 11 Issue 1 (February 2019) of the Court's Judicial Newsletter is now available.
New Class 3 - Compensation Claims Practice Note
15 March 2019
The Practice Note – Class 3 Compensation Claims dated 15 July 2011 has been replaced with a new Practice Note that:
The new Practice Note commences on 15 March 2019.
Acting Commissioner Julie Bindon Appointment
21 December 2018
The Chief Judge is pleased to announce the appointment of Ms Julie Bindon as an Acting Commissioner of the Court for the period commencing 21 December 2018 and expiring on 25 February 2020.
Ms Bindon is an experienced planner with over 35 years' experience. Ms Bindon holds a Bachelor of Town Planning (University of Auckland) and Postgraduate Diploma of Land Economy (University of Sydney). She is a Fellow of the Planning Institute of Australia and Honorary Fellow of the Australian Property Institute. She is a certified Practising Planner.
Ms Bindon founded and chaired JBA Urban Planning Consultants Pty Ltd, a leading consultant planning firm, before the firm's merger to form Ethos Urban Pty Ltd, where she was a Director. Ms Bindon played a major role in the planning of significant public and private projects. She has served on numerous professional and governments institutions and committees, including the Planning Institute of Australia, NSW Heritage Council and Western Sydney Parkland Trust.
New Class 2 - Tree Applications Practice Note
22 November 2018
The Practice Note – Class 2
Tree Applications dated 13 May 2014 has been replaced with a new Practice Note
that adds a paragraph to direction 10 of the Usual Directions found in Schedule
A. Direction 10 now reads:
The respondent is to file with the Court and serve a copy on the applicant, the
local council and the Heritage Council of NSW, by 4.30pm on ……………………………, any
order pursuant to s 9 and/or s 14D of the Trees (Disputes Between
Neighbours) Act 2006 or pursuant to s 13A of the Dividing Fences Act
1991 which the respondent proposes as an alternative to or in addition to
the orders sought by the applicant. If the respondent wishes to retain the
tree, the respondent’s proposed order should include any solution to prevent
the tree causing damage to the applicant’s property, including any engineering
or construction solution, which would enable the tree to be retained;”
The new Practice Note
commences on 1 December 2018.
20 November 2018
Volume 10 Issue 3 (October 2018) of the
Court's Judicial Newsletter is now available.
Court Vacation 2018-2019
3 October 2018
Judges' fixed vacation begins on 17 December 2018 and the first day of term in
2019 will be Tuesday, 29 January 2019.
Duty Judge will be available during the fixed vacation for urgent matters.
may be listed for s 34 conferences, mediations and hearings before
Commissioners throughout the fixed vacation except for the public holidays and
the public service holiday on Thursday, 27 December 2018.
final Registrar's directions hearing list for 2018 will be on Wednesday, 19
December 2018. The Registrar's directions hearing list will resume on Monday,
21 January 2019.
Online Registry and Online Court will be operating 24 hours a day as normal
during the vacation period and parties are encouraged to avail themselves of
these resources. Applications, appeals, notices of motion and subpoenas can
continue to be filed by Online Registry. Online Court can continue to seek
directions and also access orders for subpoenas and notices to produce
throughout the vacation.
on Registry opening hours over the Xmas break is available here.
Commissioner Timothy Horton Appointment
27 September 2018
Chief Judge is pleased to announce the appointment of a new Commissioner to the
Timothy Horton has been appointed a Commissioner of the Court from 5 November
2018 for a period of 7 years.
Horton is an experienced architect with over 20 years' applied experience in
the fields of architecture, landscape architecture, urban design and planning.
Mr Horton holds a Bachelor of Architecture (Honours) (University of Sydney) and
a Bachelor of Applied Science in Environmental Design (University of Canberra).
He is a registered architect and Associate Member of the Royal Australian Institute
of Architects. He is formerly the Registrar of the NSW Architects Registration
Board. Mr Horton has delivered public architecture, commercial architecture and
interior architecture projects throughout Australia. He has won numerous
national and state architectural and urban design awards for his work. He
served as the Commissioner for Integrated Design in South Australia providing
expert strategic advice to the State government on good urban design and a
sustainable built environment. He has served at the highest levels of the
architecture profession, including being Chapter President and then National
Director of the Royal Australian Institute of Architects, and the Chair of
various state Practice Committees. He has served as a juror for awards for architecture,
planning, urban design and sustainability.
ADR Group of the Year Award
21 August 2018
The Chief Judge is pleased to announce that the Land and Environment Court of NSW has been awarded “Courts and Tribunals – ADR Group of the Year” at the prestigious Australian Disputes Centre ADR Awards 2018.
The Australian Disputes Centre was first established in 1986 by the then NSW Attorney General, the Honourable Justice Terry Sheahan and the Honourable Sir Laurence Street, Chief Justice of the NSW Supreme Court, and is now dedicated to advancing alternative dispute resolution across Australia and internationally to deliver benefits of world class alternative dispute resolution to businesses, professionals, governments and communities.
This award from the Australian Disputes Centre recognises the wide range of reforms that have been undertaken by the Court so as to be able to provide a range of dispute resolution processes to parties which it matches to the individual dispute and disputants.
This approach is unique in NSW to the Land and Environment Court.
Alternative dispute resolution procedures have now been embedded in the Court’s practices, processes and procedures and this has resulted in a shift of the culture of the Court from being highly litigious and adversarial to conciliatory.
The outstanding success of the Land and Environment Court’s alternative dispute resolution processes, the value it provide to the community and the benefits to the parties of providing individualised justice are demonstrated by the year on year increase in the number of matters that continue to be filed in the Court and number of matter that are conciliated and resolved prior to any hearing.
The Court is proud to receive this award and to have its leadership in the practice of alternative dispute resolution recognised.
Annual Review 201714 May 2018The Court's Annual Review for 2017 is now available.
AustLII Metrics and statistics for 20179 April 2018As part of the implementation of the International Framework for Court Excellence, the Court commissioned a project with AustLII to use its databases to generate metrics and statistics concerning the Court. The results to the end of 2017 are available here.New Practice Notes and Policies29 March 2018
The Practice Note – Class 1 Development Appeals,Practice Note – Class 1 Residential Development Appeals and Practice Note – Classes 1, 2 and 3 Miscellaneous Appeals have been remade to refer to the new numbering of the statutory provisions in the Environmental Planning and Assessment Act 1979. The Practice Notes commence on 3 April 2018.
The Site Inspections Policy and Identity Theft Prevention and Anonymisation Policy have also been remade to refer to the new statutory provisions in theEnvironmental Planning and Assessment Act 1979.
The Practice Note – Class 5 Proceedings has been amended and remade to:
Judicial Newsletter16 March 2018Volume 10 Issue 1 (February 2018) of the Court's Judicial Newsletter is now available.
Pilot Duty Lawyer Scheme8 March 2018
A duty lawyer scheme will be trialled in the Land and Environment Court for a 6 month period commencing 6 April 2018.
The pilot scheme is the result of a collaboration between the EPLA, the EDO, NSW Law Society Young Lawyers Environment and Planning Committee, Macquarie University Law School and practitioners from the Court Users Group.
The pilot scheme is aimed at assisting self-represented litigants in Classes 4 and 5 of the Court's jurisdiction. If it proves successful it may be broadened to other Classes or types of proceedings in the Court.
A duty lawyer will be available on Level 4 between 9am and 12 noon each Friday to provide preliminary advice to self-represented litigants with a view to guiding them through the Court process and referring them to appropriate services.
New Senior Commissioner, Commissioner and Acting Commissioners 22 December 2017
The Chief Judge is pleased to announce the appointment of a Senior Commissioner, Commissioner and Acting Commissioners of the Court.
Senior Commissioner Susan Dixon
Ms Susan Dixon has been appointed Senior Commissioner of the Court from 29 January 2018 to 5 July 2023.
Ms Dixon has served as a full time Commissioner of the Court since 2009. She is an Australian lawyer, having worked in private legal practice for 12 years before moving to the public sector. Ms Dixon was the Registrar of the Court for 5 years before her appointment as a Commissioner of the Court. She has a Bachelor of Arts and a Bachelor of Laws from Macquarie University. Ms Dixon has expertise in Alternative Dispute Resolution and is a nationally accredited mediator. Ms Dixon has also been an occasional university lecturer in environmental law and mining and petroleum law at the University of Technology, Sydney and the University of Notre Dame, Sydney. Ms Dixon has extensive experience in planning, environmental, local government, resource and administrative law, and mining law, having worked in these areas throughout her career.
Commissioner Peter Walsh
Mr Peter Walsh has been appointed a Commissioner of the Court from 29 January 2018 for a period of 7 years.
Mr Walsh is an experienced planner having run his own consulting practice for over 25 years. He has advised local, State and Commonwealth governments and has consulted extensively to the private sector in statutory planning and development assessment. He has provided expert testimony in the Land and Environment Court. Mr Walsh holds a Bachelor of Surveying (University of NSW), Graduate Diploma in Urban and Regional Planning (University of New England), Master of Business Administration (Macquarie University) and Doctor of Philosophy (Swinburne University). He is a registered planner and Fellow of the Planning Institute of Australia. Mr Walsh has expertise in surveying, town and country planning, and governance of local government and town planning. He has lectured at University of Technology, Sydney in management of local government.
Acting Commissioner Sue Morris
Ms Sue Morris has been appointed an Acting Commissioner of the Court from 22 December 2017 for a period of 2 years.
Ms Morris recently retired from serving a 7 year term as a full time Commissioner of the Court. She is an experienced planner, having worked extensively in local government in town planning for over 23 years prior to appointment as a full time Commissioner of the Court. Ms Morris holds an Architectural Drafting Certificate (Sydney TAFE), Associate Diploma Town and Country Planning (Mitchell CAE) and an Ordinance 4 Certificate under NSW Local Government. She is a certified Practicing Planner PIA and trained mediator.
Acting Commissioner Edward Blakely
Professor Edward Blakely has been appointed an Acting Commissioner of the Court from 1 February 2018 for a period of 2 years.
Prof Blakely is one of Australia's leading planners. He has over 30 years' experience in planning and urban development throughout the world. Prior to this appointment, Prof Blakely was the Central City District Commissioner for the Greater Sydney Commission. Prof Blakely has served on over 100 panels as Chair of Sydney Planning Panels. He is a Professor of urban planning and policy at the University of Sydney and has taught at the highest level in universities in the USA and Australia. Prof Blakely holds a Bachelor of Arts (University of California), Master of Arts, History and Development Studies (University of California), Master of Management (Pasadena Nazarene College), Doctor of Philosophy in Management and Education (University of California) and will shortly complete a Master of Laws in Arbitration and Alternative Dispute Resolution (Northwestern University). Prof Blakely has authored multiple publications and has served on numerous advisory boards both internationally and in Australia.
Acting Commissioner John Douglas
Mr John Douglas has been appointed as an Acting Commissioner of the Court from 22 December 2017 for a period of 2 years.
Mr Douglas is one of the most senior and experienced arborists in New South Wales. He has over 35 years' experience in arboriculture in both private practice and vocational education. Mr Douglas is currently the Head Teacher of Arboriculture at Ryde College of TAFE. Mr Douglas holds a Bachelor of Commerce (UNSW), Graduate Diploma in Environmental Studies (Macquarie) and Diplomas in Horticulture and Arboriculture (TAFE NSW). Mr Douglas is Chair of the TAFE NSW Arboriculture Trainers Community of Practice committee and represents TAFE NSW on the Arboriculture working group of Standards Australia.
Reappointment of Acting Justice Molesworth8 December 2017Acting Justice Molesworth AO QC has been reappointed to act as a Judge of the Court for the period commencing on 1 January 2018 and expiring on 31 December 2018.
Continuation of leave of absence for Justice Pepper
Justice Pepper will continue to take leave of absence from the Court until 9 May 2018 to chair the NT Scientific Inquiry into Hydraulic Fracturing of Unconventional Reservoirs and Associated Activities.
Judicial Newsletter16 NovemberVolume 9 Issue 3 of the Court's Judicial newsletter is now available.Paperless trial2 NovemberOn Wednesday 1 November, the Attorney General launched a video that provided information about the paperless trial experiment which has been conducted by the Court in two Class 3 Resumption Compensation matters. The video can be accessed through this link.
A fact sheet has also been prepared to provide information about the paperless trial experiment. The fact sheet can be accessed through this link. The Court has already scheduled a number of further Class 3 matters to be conducted on a paperless basis for the remainder of this year and in 2018 and the first Class 1 merit appeal to be conducted on this basis will also take place in early 2018.Announcement27 October 2017The Chief Judge announces that Senior Commissioner Rosemary Martin has resigned her appointment, effective 26 January 2018, for family reasons. She will be returning to Melbourne after that date. While she will continue working at the Court until then, I wish to take this opportunity to thank her for her contribution to the Court, and wish her well in her future endeavours. Annual Review25 October 2017The Court's Annual Review for 2016 is now available.
Tree dispute principle25 September 2017In Fang v Li & anor  NSWLEC 1503, Acting Commissioner Galwey set out a tree dispute principle (at ) designed to provide guidance to parties where applications made pursuant to Part 2 of the Trees (Disputes Between Neighbours) Act 2006 include claims for rectification of, or compensation for, structural damage to property caused by roots of a tree located on adjoining land (being land to which s 4(1) of the Trees Act applies and where the tree is one to which s 4(3) and (4) of the Trees Act applies).Court Vacation 2017-201818 September 2017
The Judges' fixed vacation begins on 18 December 2017 and the first day of term in 2018 will be Monday, 29 January 2018.
Matters may be listed for s 34 conferences, mediations and hearings before Commissioners throughout the fixed vacation except for the public holidays and the public service holiday on Wednesday 27 December 2017.
The final Registrar's directions hearing list for 2017 will be on Wednesday 20 December 2017. The Registrar's directions hearing list will resume on Monday 22 January 2018.
A Duty Judge will be available during the fixed vacation for urgent matters.
Information on Registry opening hours over the Xmas break is available here.Judicial Newsletter2 August 2017Volume 9 Issue 2 of the Court's Judicial Newsletter is now available.Access subpoenaed items from the Online Registry Website1 August 2017 Legal practitioners can now download subpoenaed items directly from the Online Registry Website, once producers have uploaded documents online and subject to access orders being granted. Read more.Submissions on proposed changes to the Class 3 Compensation Claims Practice Note31 July 2017The Court has received the following submissions on the proposed changes to the practice note:- EPLA- Transport for NSW- Young Lawyers- Practitioner- Practitioner- Practitioner
New practice note issued - residential development appeals20 July 2017Justice Preston has today made a new Class 1 Residential Development Appeals Practice Note replacing the Practice Note of the same name made on 28 March 2017. It will commence on 24 July 2017.
The new practice note amends the usual directions regarding draft conditions of consent in Schedule E paragraph 12 (a) and (e) so that the respondent consent authority is to file and serve draft conditions of consent (both hard copy and electronic form) by 14 days before the conciliation conference and hearing (instead of 7 days) and that the applicant for consent is to file and serve its draft conditions in response (both hard copy and electronic form) by 7 days before the conciliation conference and hearing (instead of 2 days). These are the only amendments.
Location of brothels planning principle12 July 2017In Yao v Liverpool City Council  NSWLEC 1167, handed down on 31 March 2017, Brown C set out at [24-25] that the Commissioners had decided that the planning principle in Martyn v Hornsby Shire Council  NSWLEC 614 at 18-21 should be replaced with objective based considerations for the location of brothels. New fee schedule30 June 2017From 1 July 2017, new fees apply.New Commissioner14 June 2017
The Chief Judge is pleased to announce the appointment of Ms Sarah Bish as a Commissioner of the Court from 28 June 2017.
Ms Bish is an environmental scientist, with special knowledge and expertise in geology, hydrogeology, groundwater management and water resource management. She has over 26 years of applied experience in the fields of water resource management and environmental management.
Ms Bish has a Bachelor of Applied Science (Applied Geology) (UTS, 1990), Masters of Applied Science (Hydrogeology and Groundwater Management) (UNSW, 1995) and Diploma in Business Management (AGSM, 2005).
Ms Bish has worked in the mining industry in Australia and overseas as a geologist and engineering geologist; with the variously named NSW Department of Water Resources, Department of Land and Water Conservation and Department of Natural Resources as a hydrogeologist and senior natural resources officer (water) developing and implementing natural resources policy, including water resource management plans and drought and salinity management plans, and undertaking investigations of and assessing impacts on groundwater and surface water systems throughout NSW; and with a leading engineering consultancy firm, Parsons Brinckerhoff, providing policy, planning and technical advice relating to hydrogeology, sustainable groundwater management, sustainable water resource management and environmental management.
Ms Bish has also worked as a water and sanitation engineer for UNHCR, Oxfam, UNICEF and UNDP, in a variety of countries, designing and developing water and sanitation facilities for refugees; a consultant hydrogeologist for UNHCR, UNICEF and UNDP assessing water supply conditions (both quantity and quality) for drinking and agricultural purposes; and as a senior WASH (water, sanitation and health) specialist for UNICEF designing and delivering climate change adapted WASH programmes and providing policy and technical advice on sustainable, integrated water resource management and environmental protection in various countries.
15 May 2017
I am pleased to announce that, after an extensive recruitment process, Ms Sarah Froh has been appointed as Registrar and Director of the Court. As you are no doubt aware the Court received a number of applications from highly qualified and experienced practitioners.
Ms Froh joins the Court from Henry Davis York where she is a Senior Associate with responsibility for leading a small team providing advice, representation and litigation with a focus on environmental, planning, development and local government law. Ms Froh is no stranger to the Court having appeared a number of times. Ms Froh has also appeared in matters in the Supreme Court, Court of Appeal and the Federal Court of Australia.
Ms Froh graduated with a Bachelor of Laws (Honours) from Macquarie University in 2003. She has practiced as a solicitor since 2004. She has lectured at University of Technology, Sydney since 2011 on contaminated land and its regulation.
In addition to her legal skills and experience, Ms Froh holds a Bachelor of Applied Finance and is also a director on the Australasian Land and Groundwater Association. Her budget and management skills will be of great value to the Court in the efficient management of the registry and liaison with the Department of Justice.
Ms Froh will commence duties on Monday 24 July 2017.
I would like to take this opportunity to thank Leonie Walton for her excellent and professional service to the Court, once again, during this transitional period.
Tree Disputes Student Helpdesk28 March 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. Read More.
Housing NSW's sales figures24 March 2017Housing NSW's medium sales figures for the September quarter 2016 are now available. Metro Rural
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:
The new Conciliation Conference Policy differs from the earlier policy by:
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.
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 prices23 December 2016Housing NSW's median sales prices for the June quarter 2016 are now available. Metro Rural
Annual Review14 December 2016The 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:
Judicial Officers and Decision Makers
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