Various Appellants v Chief Executive, Department of Natural Resources and Mines

[2002] QLC 75

LAND COURT OF QUEENSLAND

CITATION:Various Appeals against valuations in the Local Authority Shires of Murweh and Tambo  [2002] QLC 75

PARTIES:Various Appellants

(applicants)
  v.

Chief Executive, Department of Natural Resources and Mines

(respondent)

FILE NO:  AV2002/0585 & Ors

DIVISION:  Land Court of Queensland

PROCEEDING:  Decision on Application for Directions

DELIVERED ON:  25 September 2002

DELIVERED AT:  Brisbane

HEARD AT:  Brisbane

JUDICIAL REGISTRAR:          Mr BR O'Connor

ORDER:1.           The cases under appeal are to be set down for a preliminary conference at Charleville, commencing on Tuesday, 19 November 2002, and continuing on Wednesday, 20 November 2002.  Thursday, 21 November 2002 will be available, if required.

2.The Judicial Registrar of the Land Court is to preside over such preliminary conference.

3.Basic sales analysis shall be lodged with the Court at least fourteen (14) days prior to the conference (ie by 5 November 2002).  Should the Court be satisfied reciprocity of evidence exists, it shall then immediately arrange for exchange documents to be provided to the respective parties.

4.After perusal of the sales material, but at least seven (7) days prior to the conference, both parties shall prepare a written list of points of agreement and disagreement on issues and lodge such with the Court.

CATCHWORDS:  Practice and Procedure – Judicial Registrar – preliminary conference – when appropriate for Member to preside.

APPEARANCES:  Mr G Allan, for the applicants
  Mr D Grealy, Crown Law, for the respondent

1. An application has been made in the above cases to seek directions of the Court in respect of a range of matters relating to a proposed preliminary conference.  There was general agreement between the parties as to the date and location of the conference, the anticipated length of such conference, exchange of basic sales material and the preparation of a written list of issues of agreement and disagreement following such exchange, but before the conference.  Two of the cases were nominated to take a longer conference time than the remainder due to their special features.  The remainder of the cases were included in schedules prepared by either side, classifying the appeal properties into five sub-market groups.

2. While the appeal properties represented by Devine Rural Consultants and Mr Allan (Counsel) covered the majority of current appeals in the Murweh and Tambo Shires, there are further appeal properties that will have to be separately addressed as part of the overall Court process.  The primary issue requiring further consideration at this stage is the appropriate person to conduct the preliminary conference.  Mr Allan's request is that it should be conducted by a Member of the Land Court rather than the Judicial Registrar.  Mr Grealy, Counsel for the Department of Natural Resources and Mines, does not oppose such a course but is prepared to leave the ultimate decision to the Court.  Mr Allan's submission is that, because of the number of cases and the importance of the issues, it is important that they be resolved, if possible, at a preliminary conference under the control of a Member.  The implication is that due to the status of an experienced Member, settlement perhaps is more likely to be achieved.  The further submission is that the same Member, with the consent of the parties, being familiar with the issues could then decide any unresolved matters at a full hearing in a consistent fashion. 

3. Mr Allan's submission has been carefully considered.  However, in all the circumstances, it is considered more appropriate for the Judicial Registrar to conduct the conference in question.  The conduct of preliminary conferences is perhaps the major role of the Judicial Registrar, a role and position newly created under the Land Court Act 2000.  A diverse range of matters throughout the State has been successfully handled by this position over the last 18 months.  While the current cases are certainly numerous and very significant increases are proposed by the Department, they are not outside the normal range and experience of the Judicial Registrar.  An undesirable precedent could be created if a Member was assigned to a matter, predominantly at the request of one of the parties.  Ultimately the decision as to who conducts the conference should be and is in the hands of the Court.

4. Two further matters should be mentioned.  First, if a Member were to conduct the preliminary conference and make certain recommendations which one party found unacceptable, that party would be understandably reluctant to have that same Member preside over a full Court case.  Thus any savings in time and cost in having the Member involved at the preliminary conference stage could be negated.

5. There is no compulsion for the parties to agree to the preliminary conference procedure, particularly if they already have gone through a lengthy objection procedure.  Alternatives are to go straight to hearing (with perhaps test cases) or avail themselves of the mediation option outlined in the legislation and Rules.  It is conceded that a hearing, while producing finality, may involve greater costs and that mediation, in certain respects, may be somewhat akin to the preliminary conference model.  These alternatives are for the parties to further consider should they so desire. 

6. A final observation is desirable on the exchange of basic material.  Even though it is at the preliminary conference stage, it is still important that equal exchange be ensured.  To this end, any order should require all basic sales are to be first submitted to the Court who then will, after perusal, forward to the opposing sides.

Order

1.The cases under appeal are to be set down for a preliminary conference at Charleville, commencing on Tuesday, 19 November 2002, and continuing on Wednesday, 20 November 2002.  Thursday, 21 November 2002 will be available, if required.

2.The Judicial Registrar of the Land Court is to preside over such preliminary conference.

3.Basic sales analysis shall be lodged with the Court at least fourteen (14) days prior to the conference (ie by 5 November 2002).  Should the Court be satisfied reciprocity of evidence exists, it shall then immediately arrange for exchange documents to be provided to the respective parties.

4.After perusal of the sales material, but at least seven (7) days prior to the conference, both parties shall prepare a written list of points of agreement and disagreement on issues and lodge such with the Court.

BR O'CONNOR

JUDICIAL REGISTRAR