practice and procedure

Legislation | Rules & Practice Directions | Court Lists & Sittings

Court Fees | Court Forms | Court Protocol | Glossary | Time Limits to Appeal


Legislation

The court gets its powers and its responsibilities from a number of Acts, including:

Rules and Practice Directions

The ERD Court publishes Rules that give guidance on how the court is run.  

PDF version (435KB)

From time to time the court also issues a Practice Direction to explain some of the ways the court conducts itself and what it expects of you and other users.

PDF version (370KB)

Court Lists and Sittings

The cases being heard by the ERD Court are listed in The Advertiser newspaper's 'Law Courts - Today's Listings' every day.  They are also listed on the notice board in the foyer of the Sir Samuel Way Building, Victoria Square, Adelaide.  Click Here to view today's cases.

Court Fees

Court Fees are GST Free. 

ERD Civil Division

ERD Criminal Division

ERD Native Title Division

Court Forms

The court publishes a number of forms:

Word version (38.5KB)
PDF version
(212KB)

Word version (38KB)
PDF version (47KB)

 

The court has prepared some examples of Notice of Appeals of completed appeal form, which may assist you in completing yours.  Please click on one of the links below:

        Example Notice of Appeal for a development matter    Click Here

        Example Notice of Appeal for other matters                   Click Here

Court Protocols

Many people who appear in the ERD Court come without lawyers.  The court staff will be helpful and where possible will advise you what you need to do, when.  Some basic guidelines are:

Glossary

The Courts Administration Authority maintains a glossary of legal terms to give guidance on the meaning and usage of legal words and phases.  Click here to view the Glossary.

Time Limits to Lodge an Appeal

ACT

SECTION

TIME TO APPEAL

Development Act

Section 86

For Applicants - 2 months from the date the decision is received

For Representors – 15 business days from the date of decision

 

Section 84

14 days from the date of the Order

 

Section 74

1 month after service of the Notice

 

Section 71

14 days from the date of the Order

 

Section 69

14 days from the date of the Order

 

Section 56

14 days from the date of the Order

Environment Protection Act

Section 106

For Environment Protection, Information Discovery or Clean-up Order – 14 days from the date of the order, unless otherwise specified

In any other case, 2 months after the making of the decision

Natural Resources Management Act

Section 202

For Order or variation of such order - within 21 days after the order is issued or the variation is made

In any other case - within 6 weeks from the date of the decision, direction or restriction

Heritage Act

Section 20

2 months after notice is given of the decision

Irrigation Act

Section 65

1 month after receiving written notice of the decision

South Eastern Water Conservation & Drainage Act

Section 48

6 weeks from the date of decision

Upper South East Dryland Salinity and Flood Management Act

Section 31

For an appeal against an order, or variation of an order – 14 days after the order is issued

In all other cases – 1 month after the making of the decision

Petroleum and Geothermal Energy Act

Section 110

14 days after receiving the direction

Native Vegetation Act

Section 33F

Person who has applied to clear – 2 months

Person who has been given a written direction or order – 14 days after the direction is issued

Mining Act

Section 65

1 Month after publication of the judgment or order

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