Class 4 - Judicial review and civil enforcement
Proceedings in Class 4 involve :
Proceedings
Proceedings in Class 4 are of two types:
- civil enforcement, usually by government authorities, of planning or environmental laws to remedy or restrain breaches
- judicial review of administrative decisions and conduct under planning or environmental laws.
Class 4 proceedings are case managed in a Class 4 List by the List Judge on a Friday.
The List Judge makes appropriate directions for the orderly, efficient and proper preparation for trial. Applications for urgent or interlocutory relief can be dealt with at any time by the Duty Judge.
Class 4 proceedings are heard by a judge.
Practice and procedure
The practice and procedure governing Class 4 proceedings is described in the Practice Note - Class 4 Proceedings. (PDF , 177.3 KB)
Fast facts
In 2019, Class 4 matters were 9% of the Court's finalised caseload.
Of the Class 4 matters finalised in 2019:
- 36% were civil enforcement proceedings initiated by local councils
- 40% involved judicial review proceedings.
- 24% were other other matters.
64% of Class 4 matters were finalised by alternative dispute resolution processes and negotiated settlement, without the need for a court hearing.
85% of Class 4 matters were finalised within 16 months of commencement. The median completion time was 189 days.
In 2019, Class 4 matters were 9% of the Court's finalised caseload.
