The writer recently attended at a twilight seminar organised by the Environment and Planning Law Association. One of the presenters was Registrar Joanne Gray of the Land and Environment Court who talked about the Practice Notes of the Land and Environment Court that solicitors or barrister who regularly appear in the Land & Environment Court should be aware of.
She mainly focused on two issues:-
Registrar Gray advised that although the information sheet is not mandatory, it provides a very thorough guidelines for lawyers to prepare for the first Directions Hearing for matters in the Land and Environmental Court. She said the questions in the information sheet are the questions she would ask at the Directions Hearing and even if such a form is not filled in and handed up, she would ask them anyway. Therefore to save the Court’s and the lawyers’ time, it would be advisable to complete the sheet prior to court attendance at the Directions Hearing.
Filing amended s 97 Plans
Registrar Gray advised that any Notice of Motion to file amended plan pursuant to s 97 of the Environment Planning and Assessment Act should be filed no more than 10 days after the initial s 34 conference. She said lawyers have been ignoring this. She emphasised that should solicitors require more time to seek instructions for the amended plans, solicitors should foreshadow that and seek an extension at the initial s 34 conference.
For more information of the current Practice Notes of the Land and Environment Court, please visit: http://www.lec.justice.nsw.gov.au/Pages/practice_procedure/practice_notes.aspx (link is external)
MatthewsFolbigg Lawyers, Parramatta, are specialist environmental lawyers in Western Sydney who are able to advise in relation to all matters relating to governance, planning and environmental law. We also regularly appear in the Land and Environment Court. Call an expert environmental planning lawyer today on 1800 300 308.