Contents (1996 - 3)
Land and Environment Court Rules 1996
Status information

Part 1 Preliminary

1 Name of rules
2 Commencement
3 Division of rules
4 Definitions
5 Application of rules
5A Overriding purpose
5B Directions and case management
5C Time etc limits at hearings
6 Where no procedure provided
7 Time
8 Extension or abridgment of time

Part 2 Administration

1 Seal of the Court
2 Sittings of the Court
3 Vacation
4 Registry
5 Opening hours of registry
6 Agents for Registrar
7 Judges and Assessors
8 (Repealed)
9 Chambers

Part 3 Registrar, Assistant Registrar and officers

1 Documentation kept or issued by Registrar
2 Registrar’s orders by consent
3 Other orders by Registrar
4 Hearings by Registrar and undertakings
5 Direction to Registrar or other officer
6 Referral of proceedings to Court
7 Removal of proceedings to Court
8 Disposal of referred or removed proceedings
9 Review of Registrar’s action

Part 4 Documents

1 Information to be shown on documents
2 Registrar may add matter
3 Signature of party
4 Situation where no prescribed form
4A Request by unrepresented litigant for issue of subpoena
5 Paper and writing
6 Filing by facsimile machine
7 Rejection of documents
8 Scandal etc
9 Search
10 Certified copies
11 Sealing of duplicates

Part 5 Solicitors

1 Power to act by solicitor
2 Solicitor cannot normally represent two adverse parties
3 Appointment of solicitor
4 Change of solicitor or agent
5 Solicitor ceases to act
6 Signing on behalf of solicitor

Part 6 Application of Supreme Court Rules

1 Proceedings in Classes 1, 2, 3 and 4
2 Proceedings in Class 5

Part 7 Commencement of proceedings

1 Application
2 Commencement
3 Endorsement and service
4 Validity for service
5 Application not served

Part 8 Service

Division 1 General

1 Definitions
2 Who may serve process
3 Mode of service
4 Address for service
5 Day when service cannot be effected
6 Doubtful service
7 Substituted service
8 Deemed service
9 Waiver of objection to service
10 Service on solicitor (originating process)
11 Service on solicitor (other documents)
12 Identity

Division 2 Particular cases

13 Prisoners
14 Corporations
15 Unregistered firm

Part 9 Motions

1 Application of Part
2 Application to be by motion
3 Motion out of Court
4 Notice
5 Time for service
6 Affidavits
7 Hearing

Part 10 Amendment

1 Orders for amendment
2 Amendments after the expiry of periods of limitation
3 Mode of amendment—directions
4 Simple amendments to same document
5 Complex amendments: fresh document
6 Service after amendment
7 Correction of judgment, order or certificate
8 Modification or amendment of Court consents or approvals

Part 11 Withdrawal and discontinuance

1 Discontinuance
2 Withdrawal
3 Mode of discontinuance
4 Service
5 Costs
6 Discontinuance not defence
7 Stay to secure costs

Part 12 Stay of proceedings and failure to prosecute

1 Stay of proceedings
2 Failure to prosecute proceedings

Part 13 Rules applying only to proceedings in Classes 1, 2 and 3 of the Court’s jurisdiction

Division 1 Preliminary

1 Application of Part

Division 2 Assessors

2 Limitations on functions

Division 3 Parties

3 Where reference to other body required
4 Parties to appeals under the Environmental Planning and Assessment Act 1979

Division 4 Particulars

5 Particulars

Division 5 Conference

6 Consent authority to make documents available
7 Adjournment of conference

Division 6 Setting down for hearing etc

8 Call-over
9 Agreement
10 Information and documents
11 Applicant fails to attend call-over
12 Failure to attend a further call-over

Division 7 Proceedings in Classes 1 and 2, and certain proceedings in Class 3

13 Application of Division to Class 3 matters
14 Issues identified and settled
15 Referral to mediation or section 34 conference
16 Requirements for hearing

Division 8 Proceedings in Class 3: rules specific to Class 3 compensation matters

17 Application of Division
18 Assessment of compensation
19 Points of claim
20 Points of defence
21 Expert reports
22 Referral to mediation
23 Setting down for hearing
24 Procedure at hearings
25 Pre-hearing mention
26 Determination of assessment of compensation
27 Application of Supreme Court Rules 1970

Division 9 Hearing

28 Conduct of the hearing
29 Failure of applicant to attend hearing
30 Witnesses at hearing
31 Attendance and production
32 Production on notice
33 Decision without hearing

Division 10 Appeal

34 Application
35 Time for appeal
36 Institution of appeal
37 Statement of ground
38 Parties
39 Stay
40 Security for costs
41 Date of hearing of appeal
42 Amendment
43 Written submissions

Part 14 Class 4 proceedings: rules specific to Class 4 proceedings

1 Registrar to determine form of evidence
2 Objections to affidavits
3 Notice for cross-examination of witnesses
4 Opinion evidence by expert witnesses

Part 15 Decisions, judgments and orders of the Court

1 Definition
2 General relief
3 Setting aside or varying default judgment
4 Minute of decision etc
5 Time of effect
6 Time for compliance with orders etc not relating to money
7 Order for costs alone
8 Prescribed rate of interest
9 Setting aside, varying order

Part 16 Costs

1 Application of Part
2 Taxing officer
3 Supreme Court Rules apply

Division 2 Costs in proceedings in classes 1, 2 and 3 of the Court’s jurisdiction

4 Costs in certain proceedings

Division 3 Costs in proceedings in Class 5 of the Court’s Jurisdiction

5 Determination of costs if no agreement between prosecutor and defendant

Part 17 Miscellaneous

1 Time for appeal
2 Fines
3 Trans-Tasman proceedings

Part 18 Mediation

1 Mediation
2 Time for mediation
3 Adjournment of proceedings
4 Statement of issues
5 Appointments and directions
6 Attendance and representation
7 Conclusion and outcome of mediation
8 Termination

Part 19 Electronic information management systems

1 Application of Part to Class 1–4 matters only
2 Information management system for proceedings
3 Registration of users of electronic process filing system
4 Electronic creation, filing and service of documents generally
5 Filing and service of documents requiring signatures
6 Filing and service of accompanying documentation
7 Date of filing
8 The electronic register of proceedings

 The Schedule

Historical notes