Land and Environment Court Rules (Amendment No 1) 2008 (NSW)

2008 No 328

New South Wales

Land and Environment Court Rules

(Amendment No 1) 2008

under the

Land and Environment Court Act 1979

The following rules of court were made under the Land and Environment Court Act

1979 on 17 July 2008.

The Honourable Justice B J Preston

Chief Judge

Explanatory note
The object of these Rules is to amend the Land and Environment Court Rules 2007 so as:

(a)	to omit a provision that prescribes the matters to be included in the originating process for proceedings in Class 1, 2 or 3 of the Land and Environment Court’s jurisdiction (those matters are already set out in the approved form for originating processes), and
(b)	to prescribe certain functions of the Land and Environment Court that are not exercisable by a Commissioner exercising the functions of the Court under section 36 of the Land and Environment Court Act 1979, and
(c)	to correct certain references to provisions of the Uniform Civil Procedure Rules 2005 that are to apply to proceedings in Class 5, 6 or 7 of the Land and Environment Court’s jurisdiction.
Published in Gazette No 93 of 1 August 2008, page 7386	Page 1
2008 No 328
Rule 1	Land and Environment Court Rules (Amendment No 1) 2008

Land and Environment Court Rules (Amendment No 1)

2008

under the

Land and Environment Court Act 1979

1      Name of Rules

These Rules are the Land and Environment Court Rules (Amendment
No 1) 2008.

2 Amendment of Land and Environment Court Rules 2007

The Land and Environment Court Rules 2007 are amended as set out in
Schedule 1.

2008 No 328

Land and Environment Court Rules (Amendment No 1) 2008

Amendments	Schedule 1
Schedule 1	Amendments

(Rule 2)

[1]      Rule 3.2 Originating process

Omit rule 3.2 (2).

[2]      Rule 3.10

Insert after rule 3.9:

3.10 Court functions not exercisable by Commissioners

The following functions of the Court are not exercisable by a Commissioner dealing with proceedings pursuant to a direction under section 36 of the Act:

(a)

the functions conferred on the Court by any of the following provisions of the Civil Procedure Act 2005:

(i)	section 61 (3) (f) (the power to order a party that has failed to comply with a direction given by the Court to pay the whole or any part of another party’s costs),
(ii)	section 71 (the power to order that proceedings be conducted in the absence of the public),

(iii)	section 97 (the power to issue a warrant for the arrest of a person who has failed to comply with an order for the person’s attendance at court or for the production of any document or thing),
(iv)	section 98 (the power to make general orders as to costs),
(v)	section 99 (the power to make orders as to costs in relation to a legal practitioner’s neglect, incompetence or misconduct),
(vi)	section 149C (the power to vary or revoke an order made by the Supreme Court in relation to proceedings transferred from that Court to the land and Environment Court),

(b)

the functions conferred on the Court by any of the following provisions of the Uniform Civil Procedure Rules 2005:

(i)	rule 1.8 (the power to determine any question arising under the rules),
(ii)	Part 24 (the power to take evidence otherwise than at trial),

2008 No 328

Land and Environment Court Rules (Amendment No 1) 2008

Schedule 1 Amendments

(iii)      Part 25 (the power to make orders with respect to the preservation of property),

(iv)      Part 42 (the power to make orders as to costs),

(v)     Part 43 (the power to hear interpleader proceedings),

(vi)      Divisions 4 and 5 of Part 49 (the power to review decisions of the Registrar).

[3]      Rule 5.2 Application of other rules of court

Omit “31.32 and 31.33” from rule 5.2 (2) (f). Insert instead “31.21 and 31.22”.

BY AUTHORITY