The first directions hearing will usually be held on a Monday on a scheduled Class 8 directions hearing date. It will usually be held about 5 weeks after the summons was filed. It will usually be conducted by a Commissioner for Mining. A Commissioner for Mining is a Commissioner who is qualified as an Australian lawyer (
s 12(2AA) and
s 30(2C) of the
Land and Environment Court Act).
The first directions hearing will be conducted in a court in the Court’s building 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
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.
For mining matters in country areas, the first directions hearing may be held as a telephone directions hearing. A telephone directions hearing is conducted in a courtroom equipped with telephone conference call facilities. The parties are able to participate in the directions hearing by talking with the Commissioner for Mining in a telephone conference call or by attending the courtroom in person.
Information is available on how directions hearings are conducted at
Class 8 Directions hearings – how and where they are conducted.
Mining matters which involve access and compensation may be suitable to be mediated by a court appointed mediator, instead of proceeding to a final hearing. The parties are to advise the Court at the first directions hearing whether the whole or any part of the proceedings should be referred to mediation under
s 26 of the
Civil Procedure Act 2005.
The parties are to hand to the Court 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 proceedings.
The Commissioner for Mining will make directions, including, if the matter is ready, fixing the date, time and venue for the final hearing. The Commissioner for Mining will state the directions orally. A written copy of the directions made will be provided by the Court to the parties who are in court or otherwise posted or emailed to the parties.