Land and Environment Court > Types of cases > Class 3: valuation, compensation and Aboriginal land claim cases > Process for making claims for compensation for compulsory acquisition of land

Compensation for compulsory acquisition: preparing for the second directions hearing

The Practice Note explains the process at the second direction hearing. In preparation for the second directions hearing, the parties need to take certain steps, as follows.

WHO

STEP

DESCRIPTION

BOTH PARTIES

DISCUSS AND AGREE ON DIRECTIONS

The parties are to discuss and agree upon the directions the Court should make at the second directions hearing.   These directions should be based on the usual directions at second directions hearing 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.  Each party should find out the available dates of themselves and their witnesses, including experts, for a hearing (paragraph 23 of the Practice Note).

BOTH PARTIES

DISCUSS AND AGREE ON ESTIMATE OF HEARING TIME

The parties are to discuss and agree on or, if they are unable to agree, prepare their own version of an estimate of the hearing time.  The hearing time should be broken down into the elements of:  

  • opening addresses
  • tender of documents and written evidence and any objections
  • any inspection of properties by the Court
  • cross-examination (grouping experts by categories)
  • closing submissions.  

Realistic estimates of the hearing time enable the Court to fix sufficient time for the hearing and to make directions for the conduct of the hearing (paragraph 24 of the Practice Note).

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