Miscellaneous appeals: how to start

STEP

DESCRIPTION

CHECK YOUR INFORMATION

Check that you are making the right appeal (see above) and that you are making the appeal within the specified time limit.

FIND THE RIGHT FORM

Miscellaneous appeals can be in Classes 1, 2 or 3 of the Court’s jurisdiction.   The Class to which an appeal is allocated is stated in s 1718 and  19 of the Court Act.   Miscellaneous appeals are to be commenced by an Application Class 1, 2 or 3, as the case may be ( Form B (version 2).

ATTACH THE
RIGHT

DOCUMENTS

The application is to attach relevant documents, such as the decision or order against which the appeal is made.

CHECK THE FEE

 

 A court filing fee must be paid to commence the appeal. The amount of the filing fee depends on the value of development or building and whether the person appealing is a natural person or a corporation.   The range of filing fees is specified in the Schedule of Court fees.

FILE THE APPEAL

 

The appeal can be commenced by filing three copies of the completed application and paying the Court’s filing fee at the Court’s registry on Level 4, 225 Macquarie Street, Sydney or by posting three copies of the completed application and payment of the filing fee to the Court at GPO Box 3565, Sydney, NSW   2001.  

In addition, all Local Courts throughout New South Wales act as agents for the Land and Environment Court.   Applications can be filed and the filing fee paid at any Local Court registry.   The Local Court registry staff will give a receipt for the payment of the filing fee and will forward the papers to the Land and Environment Court for processing.

The Court will process the application at the Court’s registry.   The application will be recorded in the Court’s record system and stamped as having been filed with the Court.   The date, time and place for the first directions hearing before the Court will be set and written by the Court’s staff on each of the three copies of the application.   The first directions hearing will usually be 28 days after the date of filing of the application.

The Court’s registry will keep one copy of the application for the Court’s file and return two copies of the application to the applicant.   One of the returned copies is for the applicant to keep and the other copy needs to be served on the respondent, usually the public authority whose decision is being appealed.

SERVE THE APPLICATION

 

A stamped copy of the application needs to be served on the respondent to the appeal, such as the public authority whose decision is being appealed, within 7 days of filing.   The Court has prepared a guide for the service of documents for self-represented litigants.   The guide explains what is meant by service of documents and how this is to be undertaken.

RESPONDENT

APPEARS

 

After the applicant serves the application, the respondent, such as the public authority whose decision is being appealed needs to acknowledge service and register its desire to take part in the proceedings.   This is known as filing a Notice of Appearance.   The respondent needs to complete and file with the Court, and serve on the applicant, a Notice of Appearance.

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