7. Strata Scheme Development Proceedings: preparing for the first directions hearing

                 

The first directions hearing is the first time that the case is in a court room, where directions are made by the court to prepare the case for a final hearing or to list the case for a conciliation or mediation. The details of the first directions hearing can be found under the heading "hearing details" on the application form.

The Practice Note requires the parties to the proceedings to take certain steps before the first directions hearing, as follows:

WHOSTEPDESCRIPTION
Person(s) on whom the application is required to be served (Class 2 proceedings only)File notice of appearance

(a) for s 66 appeals: the respondent local council;

(b) for s 85 appeals: the respondent planning authority;

(c) for s 86 proceedings: each person entitled to be served with the application under s 86(3) of the Strata Schemes Development Act (see s 86(4)) who wishes to become a respondent in the proceedings;

(d) for s 92 proceedings: each person entitled to be served with notice of the application under s 92(2) of the Strata Schemes Development Act (see s 92(3)) who wishes to become a respondent in the proceedings.

The time limited by Pt 6 r 6.10 of the Uniform Civil Procedure Rules 2005 for entering an appearance is on or before the return date of the application, which is the date of the first directions hearing and is specified on the application form under 'hearing details'.

Any person who enters an appearance, in accordance with paragraph 18 of the Practice Note, in s 86 proceedings or s 92 proceedings, will be joined as a respondent to the proceedings upon filing a notice of appearance.

Objectors in s179 proceedings (Class 3 proceedings only)File and serve an objection (and/or apply to the Court to be joined as a party as required)

Objection

In s 179 proceedings, a dissenting owner and any person on whom notice of the application for an order to give effect to the strata renewal plan must be served under s 179(2)(b)–(e) of the Strata Schemes Development Act 2015 (NSW) who wishes to file an objection to the application is, within 21 days after notice of the application is served on the person, to file the objection in the Court and serve the objection on the owners corporation bringing the proceedings.

The objection should:

(a) specify the grounds of objection to the application; and

(b) address the matters of concern to the person in s 182(1) of the Strata Schemes Development Act with which the Court needs to be satisfied to make an order giving effect to the strata renewal plan.

Application for joinder

A person who has filed an objection to the application may apply to the Court to be joined as a party to the s 179 proceedings. The application to be joined as a party is to be by notice of motion. The notice of motion is to be accompanied by an affidavit of the person in support of the application to be a party to the proceedings. The person is to serve the notice of motion and affidavit on the parties to the proceedings.

All parties in all Strata Schemes Development proceedingsDiscuss and agree on Court directionsBefore the first directions hearing the parties are to discuss and endeavour to agree upon whether a mediation or conciliation should be arranged and if so when it should be held, whether a hearing should be held and if so the estimated date and length, and the directions that the Court should make at the first directions hearing.

Usual Directions - s 66 appeal

Usual directions – s 85 appeal

Usual directions – s 86 proceedings

Usual directions – s 92 proceedings

Usual directions – s 179 proceedi​ngs