Miscellaneous appeals

The various types of appeals, objections, applications and proceedings involving merits review of decisions of local and State government authorities that can be brought to the Land and Environment Court are described in ss 1718 and 19 of the Land and Environment Court Act 1979 (the Court Act). These sections of the Court Act correspond to Classes 1, 2 and 3 of the Court’s jurisdiction, respectively.

The pages covered in 'miscellaneous appeals' describe appeals that appear in ss 1718 and 19  of the Court Act, but do not fall into the categories of:

  • development appeals (including objector appeals) in Class 1
  • residential development appeals in Class 1
  • tree and hedge disputes in Class 2
  • objections to valuation of land in Class 3
  • claims for compensation after the compulsory acquisition of land in Class 3
  • Aboriginal land claims and disputes in Class 3.

The term miscellaneous appeals is used by the Court to describe the appeals discussed in these pages.

Practice and procedure

The Court has published a formal document that sets out the process and requirements for miscellaneous appeals.  This is called the Practice Note – Class 1, 2 and 3 Miscellaneous Appeals (PDF , 118.7 KB). The Practice Note explains the steps that need to be undertaken before the first directions hearing, at the first directions hearing, at conciliation, before and at the final hearing, and the evidence that might be given at the hearing.

Process for miscellaneous appeals

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Appeals against boundary determinations, under Pt 14A of the Real Property Act 1900; proceedings under the Encroachment of Buildings Act 1922; and proceedings under s 29s 30 or s 31 of the Access to Neighbouring Land Act 2000; proceedings under ss 526 and 574 of the Local Government Act 1993.

Appellants will need to check the law under which the original decision was made to find out:

  • who may appeal
  • the circumstances in which an appeal can be made
  • the time within which an appeal must be made.

It may help to obtain legal advice about the particular circumstances of the case. Sections 1718 and 19 of the Court Act indicate the legislation (and the relevant part or section of that legislation) under which an appeal can be lodged in the Land and Environment Court.

Steps


Helpful materials:

For links to useful Court information and documents, legislation and case studies relating to miscellaneous appeals, see: Helpful materials.

Miscellaneous appeals
Image: Miscellaneous appeals
Last updated:

17 Dec 2020

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