Planning and Environment Court (Mediation) Amendment Rule 2019 (Qld)

1   Short title

This rule may be cited as the Planning and Environment Court (Mediation) Amendment Rule 2019.

2   Commencement

This rule commences immediately after the commencement of the Economic Development and Other Legislation Amendment Act 2019, section 191.

3   Rules amended

This rule amends the Planning and Environment Court Rules 2018.

4   Amendment of r 28 (Experts attending meeting of experts must prepare joint report)

Rule 28(3)(a), after ‘conference’—
insert—

or mediation

5   Amendment of r 45 (Without prejudice conference)

Rule 45(1) and (2), after ‘ADR registrar’—
insert—

or mediator

6   Insertion of new r 45A

After rule 45—
insert—

45A   Mediation

(1)An ADR registrar or mediator must, if directed by the P&E Court, convene and chair a mediation for a P&E Court proceeding.

(2)Also, an ADR registrar or mediator may, if asked by all the active parties to a P&E Court proceeding, convene and chair a mediation for the proceeding.

(3)If a mediation is convened under subrule (1) or (2) for a P&E Court proceeding—

(a)each active party to the proceeding must attend the mediation; and

(b)any other person directed by the P&E Court must attend the mediation; and

(c)any other person may attend the mediation if all the active parties to the proceeding agree.

(4)In this rule, a reference to an active party to a P&E Court proceeding includes a reference to a person who—

(a)is familiar with the substance of the issues in dispute in the proceeding; and

(b)is either—

(i)authorised by the active party to settle the issues; or

(ii)if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.

7   Amendment of r 46 (Admissions at conference)

Rule 46(3), definition conference, ‘or without prejudice conference’—
omit, insert—

, without prejudice conference or mediation