At the first directions hearing

Venue, date and time

The first directions hearing will usually be held on a Friday. It will usually be held around 21 days after the application was filed. It will be conducted by one of the judges of the Court who is responsible for the Valuation and Compensation List, in a court at 225 Macquarie Street, Sydney. The location of the Court and the precise time of the day when the directions hearing will occur will be shown on the Court Lists posted on a notice board in the foyer of the building and on the Court’s website under Court Lists in the afternoon of the day before the directions hearing. The Sydney Morning Herald may also (but does not always) publish the Court Lists on the morning of the date set for the directions hearing.

Completed information sheets

The applicant and Valuer-General are to hand to the Court at the first directions hearing their completed valuation objection information sheets (paragraph 14 of the Practice Note). These sheets assist the List Judge to make directions that are appropriate to the particular circumstances of the matter and the particular parties.

Completed minute of proposed directions

The applicant and Valuer-General are to hand to the Court at the first directions hearing an agreed or their own versions of a minute of the directions they propose the Court should make to prepare the matter and facilitate the just, quick and cheap resolution of the appeal (paragraph 15 of the Practice Note).

Directing conciliation

Valuation objection appeals are usually appropriate to be resolved through conciliation rather than a court hearing. Conciliation is undertaken with the assistance of a commissioner of the Court usually with expertise in the valuation of land.  Information is available on conciliation. The List Judge will fix a conciliation conference, usually within two weeks after the date of the directions hearing. If the parties consider conciliation would not be appropriate for the particular case, they will need to give their reasons for that view to the List Judge (paragraph 16 of the Practice Note). The List Judge may still direct a conciliation conference, after having considered the parties’ reasons.

Making and recording directions

The List Judge will make directions, generally in accordance with the usual directions at first directions hearing, including fixing a date for conciliation (if appropriate) and for the second directions hearing. The List Judge will state the directions orally. It is important that the parties record the directions the List Judge makes. A written copy of the directions made is not usually sent to the parties.

 

 

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