Land and Environment Court of NSW

Miscellaneous appeals - Preparing for the first directions hearing

The Practice Note (PDF , 118.7 KB) requires the parties to the appeal to take certain steps before the first directions hearing, as follows.

Who  Description
APPLICANT/RESPONDENT

File and serve statement of facts and contentions

The applicant is to file and serve a statement of facts and contentions in accordance with Schedule​ A of the Practice Note  (PDF , 118.7 KB)before 4.00pm on the third last working day before the first return of the proceedings unless the proceedings involve: (a) An appeal against an order issued pursuant to s 8.18 of the Environmental Planning and Assessment Act 1979; or​ (b) An appeal concerning an application for modification of a transitional Part 3A project under Schedule 2 of the Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017.

If the proceedings involve an appeal against an order issued pursuant to s 8.18, or an appeal concerning an application for modification of a transitional Part 3A project, the respondent is to file and serve a statement of facts and contentions in accordance with Schedule A before 4.00pm on the third last working day before the first return of the proceedings.​

RESPONDENT

Provide access to documents

The respondent, within 14 days of rece​​iving a request from the applicant, is to provide the applicant with access to the d​ocuments relevant to the application and decision (if any) with respect to the miscellaneous appeal (paragraph 15 of the Practice Note) (PDF , 118.7 KB).

BOTH PARTIES

Decide whether the case is suitable for conciliation

Unless a good reason is given as to why the case is not suitable for a conciliation, it will be listed for a conciliation conference (paragraph 30 of the Practice Note (PDF , 118.7 KB))

BOTH PARTIES

Consider whether expert evidence is required

Depending on the issues in the case, you may wish to rely on expert evidence, such as the opinion of a town planner or an engineer. If the parties are seeking a hearing date, and you want to rely on expert evidence, you need to apply for directions to rely on expert evidence (paragraph 23 of the Practice Note (PDF , 118.7 KB)).​

BOTH PARTIES

Complete information sheet

If the parties are asking for the case to be listed for hearing, the applicant and respondent are to complete the Classes 1, 2 and 3 Miscellaneous Appeals Information Sheet in Schedule D to the Practice Note (PDF , 118.7 KB), which is to be handed to the Court at the directions hearing at which the case is fixed for hearing.

BOTH PARTIES

Discuss and agree on court directions

The applicant and respondent are to discuss and agree upon the directions the Court should make at the first directions hearing. These directions should be based on the usual directions in Schedule B to the Practice Note:

If the parties do not agree, each party should prepare their own version of the directions they propose (paragraph 29 of the Practice Note).

Last updated:

08 May 2023

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