 |
Two Important Preliminary Issues
Before you use this guide you need to be aware of two important limitations. Firstly this guide is just that - a guide. It is not comprehensive or definitive. The Court has Rules and Practice Directions that set out in detail how the Court works. Because each case is different, Court procedures may vary from case to case. Don't be surprised if your case takes a turn that is not covered in this guide. It is impossible to deal here with every possibility. It is the Judges and Commissioners who decide how each case is to be dealt with and it is their direction that you must follow.
Secondly, this is a guide for the ERD Court process only. If you are going to represent yourself, you will need to understand not only the Court process, but you will also need to understand and be ready to argue the substance and merits of your case. This guide does not deal with substance and merit arguments.
Videos
Click here to view information videos about the ERD Court appeal process.
Step By Step Guide to Lodging a Development Appeal
An appeal lodged in the ERD Court will be listed for a preliminary conference normally about four weeks after lodgement. At the preliminary conference the matter will be placed into one of three tracks: pending, conference, or hearing track.
Pending Track
In our experience, parties often want to amend proposal plans when the get to the Court and to put those amended plans back before the relevant authority. The pending track is to allow negotiations to occur between the parties and to allow time for amendments to be made and amended plans to be considered by a Development Assessment Panel. Matters assigned to the pending track will be listed for another preliminary conference at a time suitable to the Court and the parties where possible.
Conference Track
If your matter is assigned to the conference track it will be listed for a conciliation conference. The conference track allows parties to have time to talk freely about the issues in confidence and in an informal way and to find a resolution themselves, assisted by a member of the Court. The conference will be convened by the Court and usually will be chaired by a Commissioner.
Hearing Track
If it is clear to the Court that there would be no useful purpose in convening a conference in a matter the Court may dispense with the conference. If the Court dispenses with the conference in a matter the matter will be referred to a listings conference for referral to a formal Court hearing.
These
tracks are explained in more detail - simply click on the boxes in the flowchart
below for more information on each track and the different types of hearings in
the Environment Resources and
To
go through the appeal process, click on the link in
the boxes for the information you wish to view ...
|
[ Useful Links ] [ Feedback
] [ Videos ] [ Site Map ]