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Contents (2007 - 578)
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Land and Environment Court Rules 2007
Current version for 20 May 2016 to date (accessed 20 February 2020 at 10:09)
Part 5
Part 5 Proceedings in Class 5, 6 or 7 of the Court’s jurisdiction
5.1   Application of Part
(cf Supreme Court Rules, Part 75, rule 4)
This Part applies to proceedings in Class 5, 6 or 7 of the Court’s jurisdiction.
5.2   Application of other rules of court
(cf Supreme Court Rules, Part 75, rules 2, 3 and 6; Land and Environment Court Rules, Part 6, rule 2 (1))
(1)  Parts 55 (Contempt) and 75 (Criminal proceedings) of the Supreme Court Rules 1970 apply, so far as applicable, to proceedings to which this Part applies.
(2)  The following provisions of the Uniform Civil Procedure Rules 2005 apply, so far as applicable, to proceedings to which this Part applies:
(a)  Part 1 (Preliminary), other than rules 1.10, 1.10A and Division 4,
(b)  Part 2 (Case management generally),
(b1)  Part 3 (Electronic case management),
(c)  Part 4 (Preparation and filing of documents), other than rules 4.2, 4.7A, 4.9 and 4.12,
(d)  rules 6.15 and 6.16,
(e)  Part 19 (Amendment),
(f)  rules 31.3, 31.7, 31.11, 31.12, 31.21 and 31.22,
(g)  rule 34.1,
(h)  Part 36 (Judgments and orders), other than rule 36.11.
(3)  Part 10 (Service of documents generally) of the Uniform Civil Procedure Rules 2005 (other than rules 10.7 and 10.16) applies, so far as applicable, to service of a notice of listing required by the regulations under the Criminal Procedure Act 1986.
(4)  For the purposes of subrule (3), the address contained in a notice of appearance filed in the registry by an accused person’s solicitor, as required by the regulations under the Criminal Procedure Act 1986, is taken to be the accused person’s address for service.
(5)  Orders may not be made under rule 31.3 of the Uniform Civil Procedure Rules 2005:
(a)  in respect of the evidence given by an accused person, or
(b)  that prevent an accused person from attending any part of the proceedings,
without the accused person’s consent.
(5A)  In addition, rules 3, 5 (1), (2) and (6)–(9), 7–12, 14–16, 17 (1) and (3) and 18 of Part 51B of the Supreme Court Rules 1970 apply, so far as applicable, to proceedings in Class 6 or 7 of the Court’s jurisdiction.
(5B)  If there is any inconsistency between subrule (5A) and Part 4 of the Crimes (Appeal and Review) Act 2001, Part 4 of that Act prevails.
(6)  In the application of the provisions referred to in subrules (1), (2), (3) and (5A):
(a)  a reference to the plaintiff is taken to be a reference to the prosecutor, and
(b)  a reference to a defendant is taken to be a reference to an accused person.
5.3   Commencement of proceedings
(cf Supreme Court Rules, Part 75, rule 7; Land and Environment Court Rules, Part 6, rule 2 (2))
(1)  Proceedings for an offence that may be taken before the Court in its summary jurisdiction are to be commenced in the Court by summons claiming an order under section 246 of the Criminal Procedure Act 1986 in respect of the offence and claiming that the defendant be dealt with according to law for commission of the offence.
(2)  A summons seeking an order pursuant to section 246 (1) of the Criminal Procedure Act 1986 is to be accompanied by the affidavits intended to be relied on as establishing prima facie proof of the offence charged.
5.4   Procedure under particular Acts
(1)  The provisions of Schedule 1 apply to proceedings under the Acts referred to in that Schedule.
(2)  A reference in any such provision to “the Act” is a reference to the Act referred to in the heading beneath which that provision appears.