Land and Environment Court of NSW

Aboriginal land claims - Preparing for the third directions hearing

The applicant needs to comply with the directions made at the second directions hearing including preparing, filing and serving the applicant’s statement of facts and contentions and affidavit and documentary evidence.

The parties needs to consider the following, in light of the statement of facts and contentions and affidavit and documentary evidence.

Who Description
BOTH PARTIES Discuss and agree on real issues
The acquiring authority is to consider and decide whether or not it accepts the Valuer-General’s determination under the Just Terms Act of the amount of compensation to be offered to the applicant (paragraph 16(a)).
BOTH PARTIES Discuss and agree on statement of agreed facts
TThe applicant and the Minister are to discuss and endeavour to agree a statement of agreed facts, such statement to comprise the factual matters that are bona fide not in dispute between the parties.
BOTH PARTIES Discuss and agree on list of expert evidence
The applicant and the Minister are to discuss and endeavour to agree on, if applicable, a list of the expert evidence to be relied upon at the hearing.
BOTH PARTIES Discuss and agree on joint reports
The applicant and the Minister are to discuss and endeavour to agree on the conferral by and production of any joint experts’ report.
BOTH PARTIES Discuss and agree on estimate of hearing time
The applicant and the Minister are to discuss and endeavour to agree on a realistic estimate of the hearing time broken down by opening addresses; tender of documents, written evidence and any objections; cross-examination and closing submissions
BOTH PARTIES Discuss and agree on directions
The applicant and the Minister are to discuss and endeavour to agree on whether any witnesses are to be required for cross-examination
BOTH PARTIES Discuss and agree on winesses for corss examination
The applicant and the Minister are to discuss and endeavour to agree on the directions to be made at the third directions hearing.
CROWN LANDS MINISTER Consider evidence in reply
The Minister is to consider whether any evidence in reply is required.
Last updated:

08 May 2023

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