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 |
| APPLICANT/ RESPONDENT | FILE AND SERVE STATEMENT OF FACTS AND CONTENTIONS | The applicant is to file and serve a statement of facts and contentions in
accordance with Schedule A of the Practice Note before 4.00pm on the third last working day
before the first return of the proceedings unless the proceedings involve:
(a) An appeal against an order issued pursuant to s8.18 of the
Environmental Planning and Assessment Act 1979; or (b) An appeal concerning an application for modification of a transitional Part
3A project under Schedule 6A of the Environmental Planning and
Assessment Act 1979.
If the proceedings involve an appeal against an order issued pursuant to
s8.18, or an appeal concerning an application for modification of a
transitional Part 3A project, the respondent is to file and serve a statement of
facts and contentions in accordance with Schedule A before 4.00pm on the
third last working day before the first return of the proceedings. |
RESPONDENT | PROVIDE ACCESS TO DOCUMENTS | The respondent, within 14 days of receiving a request from the applicant, is to provide the applicant with access to the documents relevant to the application and decision (if any) with respect to the miscellaneous appeal (paragraph 15 of the
Practice Note).
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| BOTH PARTIES | DECIDE WHETHER THE CASE IS SUITABLE FOR CONCILIATION | Unless a good reason is given as to why the case is not suitable for a conciliation, it will be listed for a conciliation conference (paragraph 30 of the Practice Note)
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| BOTH PARTIES | CONSIDER WHETHER EXPERT EVIDENCE IS REQUIRED
| Depending on the issues in the case, you may wish to rely on expert evidence, such as the opinion of a town planner or an engineer. If the parties are seeking a hearing date, and you want to rely on expert evidence, you need to apply for directions to rely on expert evidence (paragraph 23 of the Practice Note).
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BOTH PARTIES | COMPLETE INFORMATION SHEET | If the parties are asking for the case to be listed for hearing, the applicant and respondent are to complete the Classes 1, 2 and 3 Miscellaneous Appeals Information Sheet in Schedule D to the
Practice Note, which is to be handed to the Court at the directions hearing at which the case is fixed for hearing.
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BOTH PARTIES | DISCUSS AND AGREE ON COURT DIRECTIONS | The applicant and respondent are to discuss and agree upon the directions the Court should make at the first directions hearing.
These directions should be based on the usual directions in Schedule B to the
Practice Note:
If the parties do not agree, each party should prepare their own version of the directions they propose (paragraph 29 of the
Practice Note).
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