2008 News

Sealed copies of judgment and orders

19 November 2008

With effect from 1 December 2008, if a party requires a sealed copy (or copies) of a judgment or order, the party is to file the required number of copies of UCPR Form 43 (judgment or order) together with the prescribed filing fee (currently $48). The copy (or copies) will be sealed by the Registrar in chambers and sent back to the party.

This practice is in accordance with the practice of the Supreme Court. The amount of the filing fee is prescribed by the Civil Procedure Regulation 2005 Schedule 1 Part 5 item 6.

Latest Department of Housing figures

19 November 2008

Department of Housing median sales prices for all dwellings for the June quarter 2008. Metro Rural

Helpful materials in tree disputes

24 October 2008

The Court has published an annotated version of the Trees (Disputes Between Neighbours) Act 2006. Whilst this material does not constitute legal advice or any guarantee as to how a particular dispute will be decided on its merits, it provides a comprehensive, plain English explanation of how the Court has applied this legislation in the first 18 months or so of its operation. The Act will be updated from time to time to reflect further relevant developments. The noted up version of the Trees Act is available through the Court’s Tree Dispute practice collection. 

Trees (Disputes Between Neighbours) Act 2006

10 September 2008

The Court has now published notes explaining processes for enforcement of judgment and orders of the Court in tree dispute cases.

The Court has also published revised Standard Tree Directions and Supplementary Tree Directions dealing with medical evidence in tree dispute cases. 

Costs orders for amended plans in merit appeals under s 97 EPA Act 1979

25 August 2008

Schedule 2.1 [37] Environmental Planning and Assessment Amendment Act 2008 commences on 1 September 2008.

The amendment introduces s 97B into the Environmental Planning and Assessment Act 1979. Under s 97B the Court is to make an order that the applicant pay the consent authority’s costs ‘thrown away’ where the Court has allowed the applicant to file amended plans. Section 97B does not apply to minor amendments.

As the amendment is not retrospective it will apply to all appeals under s 97 that are commenced on or after 1 September 2008.     
 Justice Brian J Preston, Chief Judge

Latest Department of Housing figures

14 August 2008

Department of Housing median sales prices for all dwellings for the March Quarter 2008. Metro Rural

Annual Review 2007

13 August 2008

The Land and Environment Court Annual Review 2007 is now available online.  
Justice Brian J Preston, Chief Judge

Fee schedule

27 June 2008

New fees effective from 1 July 2008.

New Court forms

23 June 2008

Approval of forms to be used in the Land and Environment Court

The Chief Judge of the Land and Environment Court has approved new forms for use in the Court from 1 July 2008. However, the Court will continue to accept documents prepared in accordance with the old approved forms until 30 September 2008.

Latest Department of Housing figures

15 May 2008

Latest Department of Housing median sales prices for all dwellings for the December quarter 2007. Metro Rural

Guiding Judgment on Compensation in Tree Disputes

1 May 2008

In Robson v Leischke [2008] NSWLEC 152 (1 May 2008), an application seeking an order for compensation for property damage pursuant to s 9(2)(i) of the Trees (Disputes Between Neighbours) Act 2006, Preston CJ sets out the historical background to such actions prior to the coming into force of this Act and the background to the development of the Act itself.

In paras 136 to 219 of His Honour’s decision, he analyses and provides a guide to the requirements of the various steps in the operation of the statutory scheme for applications seeking orders for compensation for property damage under the Trees Act.

Latest Department of Housing figures

12 February 2008

Latest Department of Housing median sales prices for all dwellings for the September quarter 2007.  Metro Rural

Tree disputes directions

21 January 2008

Revised Standard Dispute Directions (Trees (Disputes Between Neighbours) Act 2006)