Land and Environment Court of NSW

Judicial review and civil enforcement - Preparing for the second directions hearing

In preparation for the second directions hearing and to enable the Court to make appropriate directions at the second directions hearing, the parties need to take certain steps before the second directions hearing, as follows.

Who Description
BOTH PARTIES

Give notice of witnesses required for cross examination

The parties are to give notice to each other of any witnesses required for cross-examination at the final hearing

BOTH PARTIES 

Discuss and agree on estimate of hearing time

The parties are to discuss and endeavour to agree on the estimated hearing time, broken down into the elements of:  opening submissions; any inspection of land by the Court; tender of documents; written evidence and objections; cross-examination; and closing submissions.  If the parties do not agree, each party should prepare their own versions of the estimated hearing time.

BOTH PARTIES

Discuss and agree on directions

The parties are to discuss and endeavour to agree on the directions the court should make at the second directions hearing.  These directions should be based on the usual directions at second directions hearing in Schedule B to the Practice Note (PDF , 177.3 KB). If the parties do not agree, each party should prepare their own version of the directions they propose.  Each party should find out the available dates of themselves and their witnesses, including experts, for a hearing.

Last updated:

08 May 2023

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