2016 News

Housing NSW's median sales prices

23 December 2016

Housing NSW's median sales prices for the June quarter 2016 are now available. Metro Rural

Annual Review

14 December 2016

The Court's Annual Review for 2015 is now available.

Leave of absence for Justice Pepper and Appointment of Professor Molesworth AO QC as an Acting Judge

7 December 2016

Justice Pepper will be taking leave of absence from the Court for 12 months from January 2017 to January 2018.  Her Honour will chair the Scientific Inquiry into Hydraulic Fracturing of Unconventional Reservoirs and Associated Activities in the Northern Territory.

Professor Simon Molesworth AO QC has been appointed an acting judge of the Court from 23 January 2017 to 31 December 2017.  Professor Molesworth is one of Australia's leading barristers in planning and environmental law.  After initially practising as a solicitor (from 1978), Professor Molesworth became a barrister in Victoria in 1984 and was appointed a Queen's Counsel in 1995, specialising in environmental, planning,  heritage, and natural resources law.  He is a Vice Chancellor's Professorial Fellow at Monash University. 

​He has served previously as a senior legal member of the Planning Appeals Board and the Planning Division of the Administrative Appeals Tribunal, forerunners to the Victorian Civil and Administrative Tribunal, and as the State Mining Warden for Victoria.  He was appointed first a Member and then an Officer of the Order of Australia for distinguished service to conservation and the environment, to heritage preservation at national and international levels, to the professions and natural resource sectors, and to community health organisations.

The Online Registry Website is changing!

30 November 2016

From 3 December 2016 the Online Registry website will have a new 'look and feel.' Watch the video of the new Online Registry website. Key changes include:

• Updated design to Online Registry website homepage and all other content
• One Login point for both Online Registry and Online Court
• New FAQs function with Search field to help users look for answers to specific queries. The Search function looks for answers to existing FAQs.
• Once logged in Online Registry, you will notice the following changes:
  • A new menu bar incorporating Online Court
  • Menu labels have changed as follows:
    • Case list is now called 'Search cases'
    • Start or defend a case is now called 'New case'
    • Forms in progress is now 'Saved forms'
    • Forms awaiting payment is now 'Payments'

AustLII Database Metrics

25 November 2016

AustLII's LEC database metrics and statistics for the years ending 31 December 2014 and 2015 are now available.

Judicial Newsletter

9 November 2016

Volume 8 Issue 3 of the Court's Judicial Newsletter is now available.

New Practice Note - Strata Schemes Development proceedings

3 November 2016

The Chief Judge has issued a new practice note, Practice Note - Strata Schemes Development proceedings​, which sets out the practice and procedure for strata schemes development proceedings in Classes 2 and 3 of the Court's jurisdiction. It commences on 30 November 2016.

Law Vacation 2016-17

7 October 2016

Details about the arrangements over the law vacation can be found by downloading the handout​.

The Judges' fixed vacation begins on 19 December 2016 and the first day of term in 2017 will be Monday, 30 January 2017.

Matters may be listed for s 34 conferences, mediations and hearings before Commissioners throughout the fixed vacation except for the public holidays of Monday 26 December, Tuesday 27 December 2016 and Monday 2 January 2017 and the public service holiday (yet to be determined by the Department of Justice but likely to be observed on Wednesday 28 December 2016).

The final Registrar's directions hearing list for 2016 will be on Wednesday 21 December 2016. The Registrar's directions hearing list will resume in the week commencing Monday 16 January 2017.

A Duty Judge will be available during the fixed vacation for urgent matters.

The registry will be open throughout the fixed vacation, except for the public holidays and the public service holiday. For the period 29 December 2016 to 6 January 2017, the registry counter will operate from 9:30am-4:00pm only. The registry counter will return to normal operating hours on Monday 9 January 2017.

Housing NSW Median Sales Prices

5 October 2016

Housing NSW's median sales prices for the March quarter 2016 are now available.  Metro   Rural

New Handout on Online Services

22 September 2016

The Registrar has published a new handout on Online Services, including frequently aske​d questions regarding Online Court and Online Registry. Read the handout online.​

Registry no longer accepting personal cheques

20 September 2016

From 1 October 2016, personal cheques will no longer be accepted for the payment of filing fees. Personal cheques will continue to be accepted for payments that are made pursuant to the Fines Act 1996. See more information about payment methods​.

​Valuer General Policy Finalised

8 September 2016

The Valuer General's interim policy on "Correcting a valuation previously determined on objection" has been replaced with a final version.

Student Helpdesk for Tree Disputes

1 September​ 2016

Do you need assistance with a tree dispute? Call the registry 9113 8200 to make an appointment at the St​udent Helpdesk. The helpdesk is run by Macquarie Uni staff and students to provide procedural assistance in tree dispute matters. More info.​

Appointment of Senior Commissioner

20 July 2016

The Chief Judge is pleased to announce the appointment of Rosemary Martin as the Senior Commissioner of the Land and Environment Court from 17 October 2016.

Ms Martin is an Australian l​awyer, having practised in both private practice and the public sector for 27 years.  She has a Bachelor of Arts (Hons), Bachelor of Laws (Hons) and Master of Laws (majoring in environmental law).  She is a qualified company director and a qualified mediator.

Ms Martin has worked for private law firms including Allen, Allen & Hemsley, Clayton Utz and Martin & McLean, with a speciality of environmental, planning and resources law.  

In the public sector, Ms Martin was the Solicitor to the Victorian Environment Protection Authority; Director, Legal, Audit and Risk of the Department of Business and Innovation; and General Counsel and Board Secretary of Public Transport Victoria.  Ms Martin was commissioned to conduct an inquiry into the Mineral Resources Development Act and has served as the State Mining Warden for Victoria.  She has served as a Board Member and Deputy Chairman of Parks Victoria. 

Ms Martin has training and expertise and extensive experience in executive leadership and governance of public institutions.​

Appointment of Commissioners

13 July 2016

Four persons have been appointed as Commissioners of the Court:

Susan Dixon has been re-appointed for another seven year term from 6 July 2016. Ms Dixon has a Bachelor of Arts and a Bachelor of Laws.  She is an Australian lawyer, having practised in both private practice and the public sector for 30 years.  She is a nationally accredited mediator.   She is a former Registrar of the Court and has been a Commissioner of the Court for the last seven years.

Jenny Smithson has been appointed for a seven year term from 1 August 2016​.  Ms Smithson is a town planner, with a Bachelor of Arts, Urban and Regional Planning (with Distinction) and a Master of Town and Country Planning.  She is a Life Fellow of the Planning Institute of Australia (PIA) and has served as WA State President and National Councillor of the PIA. She has 30 years applied experience in NSW and WA in the private and public sectors.  She has served as a sessional member of the State Administrative Tribunal of WA.  She has been an Acting Commissioner of the Court for the last five years.

Danielle Dickson has been appointed for a seven year term from 18 July 2016.  Ms Dickson has a Bachelor of Architecture (Hons), Master of Environmental and Local Government Law and Master of Business Administration, and is a qualified Company Director and a nationally accredited mediator.  She has 20 years applied experience from working in architectural firms and in​ local government and town planning, initially in the private sector and since 2004 in the local government sector.​​

Michael Chilcott has been appointed for a seven year term from 25 July 2016.  He has a Bachelor of Science (Biological Science), Graduate Diploma in Natural Resource Management and Master of Science (Wildlife Biology) and is a qualified Company Director.  He has 30 years applied experience as an environmental practitioner in Australia and overseas.  He is a certified environmental practitioner and Fellow of the Environment Institute of Australia and New Zealand (EIANZ).  He is currently the President of EIANZ.

New fee schedule

4 July 2016

From 1 July 2016 new fees apply​. Please note that the increase in the fee for the issue of a subpoena is greater than the increase applied to other fees. Please also note the following new fees:

• ​A fee for conducting a civil litigation search, to be charged for each name searched; and
  
• A fee for requiring documents to be amended on the Online Registry.

Median Sales Prices - December Quarter

30 June 2016

Housing NSW's median sales prices for the December quarter 2015 are now available.  Metro  Rural

New Judge Announced

10 June 2016

Attorney General Gabrielle Upton today announced the appointment of barrister John Robson SC as a judge of the Land and Environme​nt Court​. View the media release. Mr Robson SC will be sworn in on 5 July 2016 at 9am in the Banco Court, Law Courts Building.

Notice to representatives of local councils affected by amalgamation

1 June 2016

Local councils affected by the Local Government (City of Parramatta and Cumberland) Proclamation 2016 or the Local Government (Council Amalgamations) Proclamation 2016 will not automatically have their name changed in proceedings currently before the Court. Any name change can only be effected by order of the Court.

​Legal representatives of affected councils are invited to write to the Registrar identifying all of the proceedings in which they represent the affected council, identifying the role of the council in the proceedings, providing the new name of the party they represent, and requesting an order to be made to change the name of the party. This includes proceedings in which the property concerned has now moved to a new council area.

Please provide your written request by 8 June 2016. Any requests after this time may be directed to be made by notice of motion, consistent with the practice in other courts.

Please note that once an order has been made, there may be a delay of 2-3 weeks in changing the name of the party in the computerised court record system (JusticeLink and Online Registry).​

New procedure for seeking sealed court orders

30 May 2016

Rule 7.6 of the Land and Environment Court Rules 2007 applies to orders made prior to 20 May 2016, such that the orders are entered on the date that a document embodying those orders is signed by the Registrar or Assistant Registrar. The procedure for obtaining sealed copies of these orders remains, requiring parties to furnish copies in the registry for sealing with the appropriate filing fee.

However, for orders made on or after 20 May 2016, orders are entered on the date that they are recorded on the Court’s computerised court record system, JusticeLink. Parties can obtain sealed copies of these orders either:

• By using the Online Registry Website with an online fee payment (see the video here); or
  
• By a letter in writing to the registry, identifying the case title, case number and date of the orders, accompanied by the appropriate fee.

Where the request is made using the Online Registry:

• The sealed copy of t​he orders (Form 43) will automatically be generated with the Registrar’s signature attached. This is then emailed to the requesting party. Where there are no attachments, this will complete the process.
• Where there are attachments to the orders, the request will be referred to the Registrar or Assistant Registrar to review and seal the attachments to the orders. The requesting party will then be sent the sealed orders and attachments by post.

Where the request is made by letter in writing to the registry, the registry will produce orders for sealing by the Registrar or Assistant Registrar and forward the sealed orders and attachments to the requesting party by post.

JusticeLink and the Online Registry is here

23 May 2016

The Land and Environment Court is now using JusticeLink and the NSW Online Registry (including Online Court). Current matters are still in the process of being moved to the Online Registry, and all current matters should be available in the Online Registry by 27 May 2016.

All documents filed online should now be filed through the NSW Online registry, and any requests for orders to be made online must be made using Online Court.

The Court has updated its website to provide resources to assist with:

• Registering for Online Registry
  
• Using the Online Registry
• Using Online Court​

Amendments to the Rules

20 May 2016

In anticipation of the commencement of the Court’s use of JusticeLink and the NSW Online Registry on Monday 23 May 2016, amendments have been made to the Land and Environment Court Rule​s 2007 and the Uniform Civil Procedure Rules 2005. The amendments are outlined below, have been published on the NSW legislation website​ and take effect today.

Rule 5.2 of the Land and Environment Court Rules 2007 has been amended to apply Part 3 (Electronic case management) of theUniform Civil Procedure Rules 2005 to proceedings in Class 5, 6 or 7 of the jurisdiction of the Land and Environment Court.

Rule 7.6 of the Land and Environment Court Rules 2007, which concerns the entry of judgments and orders of the Court, has been limited so that​ it concerns judgments and orders that were given or made before the 20 May 2016. Judgments and orders can now be entered in accordance with rule 36.11 of the Uniform Civil Procedure Rules 2005.

Part 3 of the Uniform Civil Procedure Rules 2005 has been amended to reflect that the electronic case management system known as Online Registry is now authorised for use in the Land and Environment Court, in lieu of eCourt.​​​

New technology for the Court

22 April 2016 (updated 17 May 2016)

The Land and Environment Court will soon transition to a suite of new technology.

On 23 May 2016, the Court's current internal case management system will be replaced by JusticeLink, and the eCourt system will be replaced by the external-facing website,  NSW Online Registry, which includes Online Court.

The Online Registry allows solicitors, barristers and unrepresented parties to access court information for cases in which they appear, such as documents filed, court orders and future listing dates.

Solicitors and self-represented parties can also use the Online Registry to file forms online. 43 forms will be available to be filed online, 24 hours a day, with the filed document sent by email to the filing party and recorded in the Online Registry in a turnaround time of a few minutes.

The Court's eCallover and eCourt request system will be replaced byOnline Court, which sits within the Online Registry Website. Online Court will be available to all Land and Environment Court listings in Classes 1-4 and 8, allowing parties to manage civil matters from their computer without having to set foot in court, in the same way that they currently do through eCourt.

The change to these new systems is due to take place on 23 May 2016. 

To prepare, we are asking legal practitioners to register for the NSW Online Registry as soon as possible so that they will have access to cases as soon as the cases are moved to the new system.

For more information about these changes refer to the following handout on the upcoming changes to Online Services​.

Click here to view the Attorney-General's media release concerning the new technology​.

Housing NSW Median Sales

14 March 2016

Housing NSW's median sales prices for the September quarter 2015 are now available Metro Rural

Judicial Newsletter

2 March 2016

Volume 8 Issue 1 of the Court's Judicial Newsletter is now available.

Amendments to the Rules and New Approval of Forms

19 February 2016

The Land and Environment Court Rules 2007 have been amended as follows:

• ​Rule 3.4​ has been amended to reflect the changes to the relevant sections of the Environmental Planning and Assessment Act 1979, so that references to sections 97(4), 97(5) and 98(3) are removed and replaced with a reference to section 97A(4).
  
• Part 5 of the Land and Environment Court Rules 2007​ has been amended so that specified rules in Part ​51B ​of the Supreme Court Rules 1970 now apply to proceedings in Classes​ 6 and 7. In particular, 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.
  

The Chief Judge has also issued a new Approval of Forms. The new approval:

• Sets out the forms to be used for commencing appeals, applications for leave to appeal, and cross-appeals in proceedings in Classes 6 and 7. 
  
• Approves the use of a Summons (Judicial Review) (UCPR Form 85) for commencing proceedings for or in the nature of judicial review in Class 4 or 8​, consistent with Part ​​​59 of the Uniform Civil Procedure Rules 2005.

Swearing-In of Justice Moore

9 February 2016

On 2 February 2016, Senior Commissioner Tim Moore was sworn in as a judge of the Land and Environment Court of NSW.