Land and Environment Court changes on the way

December 1, 2003

The Chief Judge of the Land and Environment Court has announced procedural changes that are "intended to increase the efficiency of the merit review process and minimise the cost so that community and individual resources are not wasted on litigation."

Among the changes outlined by Chief Judge, Justice Peter McClellan are:

• provisions for case management of complex Class 1 proceedings
• all class 1 matters to commence with a view on site at 9.30 on the first day fixed for hearing
• use of court appointed experts where appropriate
• costs will only be ordered when deemed fair and reasonable by the court in the circumstances of particular cases
• Councils will be required to file a statement of basic facts in order to conserve resources and facilitate faster and more efficient resolution of disputes
• The development of planning principles

The EDO welcomes the changes announced by the Chief Judge. The details underpinning the changes will have to address issues regarding their potential impact on public interest matters. However, they arguably signal a move towards a fully-fledged environmental jurisprudence befitting a specialist Court, a process which has been in train for some time and has seen the Court actively integrate the public interest into its rules, procedures and rulings.

For a full transcript of Justice McClellan’s address to the Environmental and Planning Law Association conference go to:

http://www.lawlink.nsw.gov.au/lec/lec.nsf/pages/latestnews