Land and Environment Court Rules (Amendment No 1) 2009 (NSW)

2009 No 274

New South Wales

Land and Environment Court Rules

(Amendment No 1) 2009

under the

Land and Environment Court Act 1979

The following rules of court have been made under the Land and Environment Court

Act 1979.

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 make provision with respect to the neutral evaluation of proceedings and rules regarding contempt in Class 1, 2, 3, 4 or 8 of the Land and Environment Court’s jurisdiction, and
(b)	to provide that notes in the rules do not form part of the rules, and
(c)	to make provision with respect to the entry of judgments and orders of the Land and Environment Court.
Published LW 26 June 2009	Page 1
2009 No 274
Rule 1	Land and Environment Court Rules (Amendment No 1) 2009

Land and Environment Court Rules (Amendment No 1)

2009

under the

Land and Environment Court Act 1979

1      Name of Rules

These rules are the Land and Environment Court Rules (Amendment
No 1) 2009.

2      Commencement

These rules commence on the day on which they are published on the
NSW legislation website.

2009 No 274

Land and Environment Court Rules (Amendment No 1) 2009

Amendment of Land and Environment Court Rules 2007	Schedule 1
Schedule 1	Amendment of Land and Environment Court Rules 2007

[1]      Rule 1.3 Definitions

Insert at the end of rule 1.3:

(2) Notes included in these rules do not form part of these rules.

[2]      Rule 2.1 Seal of the Court

Omit rule 2.1 (2).

[3]      Rules 3.8, 3.9, 4.4 and 4.5

Omit the rules.

[4]      Rule 5.2 Application of other rules of court

Insert “, other than rule 36.11” after “(Judgments and orders)” in rule 5.2 (2) (h).

[5]      Part 6

Insert after Part 5:

Part 6 Neutral evaluation of proceedings and
rules regarding contempt in Class 1, 2, 3, 4
or 8 of the Court’s jurisdiction

6.1 Application of Part

This Part applies to proceedings in Class 1, 2, 3, 4 or 8 of the

Court’s jurisdiction.

6.2

Neutral evaluation

(1) In this rule: evaluator means a person to whom the Court refers a matter for neutral evaluation under this rule. neutral evaluation means a process of evaluation of a dispute in which the evaluator seeks to identify and reduce the issues of fact and law in dispute, including by assessing the relative strengths and weaknesses of each party’s case and offering an opinion as to the likely outcome of the proceedings (including any likely findings of liability or the award of damages). neutral evaluation session means a meeting arranged for the neutral evaluation of a matter under this rule.

2009 No 274

Land and Environment Court Rules (Amendment No 1) 2009

Schedule 1 Amendment of Land and Environment Court Rules 2007

(2)

If it considers the circumstances appropriate, the Court may, by order, refer any matter for neutral evaluation, and may do so either with or without the consent of the parties to the proceedings.

(3)

The neutral evaluation is to be undertaken by an evaluator agreed to by the parties or, if the parties cannot agree, by an evaluator appointed by the Court.

(4)

It is the duty of each party to proceedings the subject of a referral to neutral evaluation to participate, in good faith, in the neutral evaluation.

(5)

The costs of neutral evaluation, including the costs payable to the
evaluator, are payable:

(a)	if the Court makes an order as to the payment of those costs, by one or more of the parties in such manner as the order may specify, or
(b)	in any other case, by the parties in such proportions as they may agree among themselves.

(6)

Subject to any relevant practice notes, an evaluator may, by order, give directions as to the preparation for, and conduct of, the neutral evaluation.

6.3 Application of Supreme Court Rules regarding contempt

Part 55 (Contempt) of the Supreme Court Rules 1970 applies, so far as applicable, to proceedings to which this Part applies.

[6]      Part 6 Miscellaneous

Renumber Part 6 as Part 7 and renumber rules 6.1–6.5 as rules 7.1–7.5.

[7]      Rule 7.6

Insert after clause 7.5 (as renumbered by item [6]):

7.6 Entry of judgments and orders

(1)	This rule applies to the entry of judgments and orders in all classes of the Court’s jurisdiction.
(2)	Despite rule 36.11 of the Uniform Civil Procedure Rules 2005, unless the Court orders otherwise, a judgment or order is taken to be entered when a document embodying the judgment or order is first sealed by the Registrar.

2009 No 274

Land and Environment Court Rules (Amendment No 1) 2009

Amendment of Land and Environment Court Rules 2007 Schedule 1

(3)	In this rule, a reference to a judgment or order of the Court includes a reference to any judgment, order, determination, decree, adjudication or award that has been filed or registered in the Court, or of which a certificate has been filed or registered in the Court, as referred to in section 133 (2) of the Civil Procedure Act 2005.
(4)	This rule does not limit the operation of rule 36.10 of the Uniform Civil Procedure Rules 2005.