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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 s121ZK 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 s121ZK, 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 rece​​iving a request from the applicant, is to provide the applicant with access to the d​ocuments relevant to the application and decision (if any) with respect to the miscellaneous appeal (paragraph 15 of the Practice Note).

​BOTH PARTIES​DECIDE WHETHER THE CASE IS SUITABLE FOR CONCILIATIONUnless 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)

​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).​

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.

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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