It is advisable for prospective applicants to obtain legal advice to determine whether they can start the case.
FIND THE RIGHT FORM
Strata Scheme Development proceedings can be made in Classes 2 or 3 of the Court's jurisdiction. The Class to which a proceeding is allocated is stated in s18 and 19 of the Court Act. Strata Scheme Development proceedings are to be commenced by completing and lodging an Application in Class 2 or 3, as the case may be (Form B (version 2).
The application is to attach relevant documents. These documents include, but are not limited to, the following for each type of Strata Scheme Development proceeding:
CHECK THE FEE
FILE THE APPLICATION TO COMMENCE PROCEEDINGS
The application to commence proceedings can be commenced by filing at least 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 at least 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 copies of the application. The first directions hearing will usually be five weeks after the date of filing of the application.
The Court's registry will keep the original application for the Court's file and return the other copies of the application to the applicant. One of the returned copies is for the applicant to keep and the other copies are provided to be served on the respondent(s) and any other persons that are required to be served with the application.
SERVE THE APPLICATION
Once you have served the application on the respondents and/or the above persons, you will need to prepare and file an affidavit of service. The affidavit is to be filed on or before the first directions hearing and is to include:
RESPONDENT APPEARS BY EITHER
NOTICE OF APPEARANCE OR
NOTICE OF MOTION DEPENDING ON TYPE OF PROCEEDINGS
In s66 and s85 appeals, after the applicant serves the application, the respondent(s) are required to acknowledge service and register their 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.
In s86 and s92 proceedings, the proceeding can be commenced without a respondent. The parties that must be served with the application (see s
86(3)-(4) and s
92(2)-(3) of the Act respectively) have the right to become a respondent in the proceedings. This is to be done by filing a Notice of Appearance and serving the Notice of Appearance on the other parties in the proceedings.
In s179 proceedings, certain persons or entities are entitled to be served with the application (179 (2)(b)–(e) of the Act) and are entitled to lodge a notice of objection. If that party wishes to be joined as a respondent to the proceedings, they are required to apply to the Court to be formally joined as a respondent. This is done by filing with the Court and serving on the other parties to the proceedings a notice of motion and an affidavit explaining why the person should be joined as a party to the proceedings.