Planning and Environment Court Rules 2008

Queensland Sustainable Planning Act 2009 Planning and Environment Court Rules 2008 Reprinted as in force on 18 December 2009 Reprint No. 1A This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy NOT FURTHER AMENDED LAST REPRINT BEFORE REPEAL See 2010 SL No. 60 s 50

Information about this reprint These rules are reprinted as at 18 December 2009. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. Also see list of legislation for any uncommenced amendments. This page is specific to this reprint. See previous reprint for information about earlier changes made under the Reprints Act 1992. A table of reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprint. Spelling The spelling of certain words or phrases may be inconsistent in this reprint or with other reprints because of changes made in various editions of the Macquarie Dictionary (for example, in the dictionary, ‘lodgement’ has replaced ‘lodgment’). Variations of spelling will be updated in the next authorised reprint. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, authorised (that is, hard copy) and unauthorised (that is, electronic), are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If an authorised reprint is dated earlier than an unauthorised version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of an authorised reprint is the same as the date shown for an unauthorised version previously published, it merely means that the unauthorised version was published before the authorised version. Also, any revised edition of the previously published unauthorised version will have the same date as that version. Replacement reprint date If the date of an authorised reprint is the same as the date shown on another authorised reprint it means that one is the replacement of the other.

Queensland Planning and Environment Court Rules 2008 Contents Part 1 1 2 3 4 Part 2 Division 1 5 6 7 8 9 10 11 Division 2 12 13 Division 3 14 15 Division 4 Subdivision 1 16 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Application of rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Compliance with rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Conduct of proceedings Starting proceedings Starting proceeding other than appeal . . . . . . . . . . . . . . . . . . . . . 6 Where to start proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Originating process—respondent. . . . . . . . . . . . . . . . . . . . . . . . . 6 Originating process—relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Originating process—applicant’s or appellant’s contact details and address for service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Originating process must be signed . . . . . . . . . . . . . . . . . . . . . . . 8 Originating application must be given to other parties . . . . . . . . . 9 Entry of appearance or notice of election Entity named in originating process must file and serve entry of appearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Entity electing to be party must file and serve notice of election . 9 Discontinuing or withdrawing from proceedings Applicant or appellant may discontinue or withdraw part of proceeding .................................... 10 Active party by election may withdraw . . . . . . . . . . . . . . . . . . . . . 11 Hearing proceedings Venue Where proceeding is heard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Planning and Environment Court Rules 2008 Contents Subdivision 2 17 Subdivision 3 18 19 20 Part 3 Division 1 21 Division 2 22 Division 3 23 24 25 26 27 Division 4 28 29 30 31 32 33 Part 4 34 35 36 Part 5 37 38 39 40 Hearing particular proceedings without notice Hearing proceeding started by originating application without notice ........................................ Orders or directions Orders or directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Copies of draft orders or directions must be served. . . . . . . . . . . Effect of order or directions under r 18 . . . . . . . . . . . . . . . . . . . . . Evidence Preliminary Definitions for pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Rules of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meetings of experts Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ADR registrar may convene and chair meeting of experts . . . . . . Party must ensure expert ready to take part in meeting of experts ....................................... Experts attending meeting must prepare joint report . . . . . . . . . . Admissions made at meeting of experts . . . . . . . . . . . . . . . . . . . Other provisions Giving or accepting instructions to adopt or reject a particular opinion prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expert must prepare statement of evidence. . . . . . . . . . . . . . . . . Requirements for statement of evidence other than joint report. . Serving statement of evidence other than joint report . . . . . . . . . Matters contained in statement of evidence not to be repeated. . Evidence from only 1 expert may be called . . . . . . . . . . . . . . . . . Applications in pending proceedings Content of application in a proceeding . . . . . . . . . . . . . . . . . . . . . Serving application in pending proceedings and supporting affidavit ........................................ Hearing application in a proceeding . . . . . . . . . . . . . . . . . . . . . . . Matters that may be dealt with by ADR registrar Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Case management conference . . . . . . . . . . . . . . . . . . . . . . . . . . Listing proceedings for review . . . . . . . . . . . . . . . . . . . . . . . . . . . Without prejudice conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2 13 13 16 16 17 18 18 18 19 19 20 20 20 21 21 22 22 22 23 23 23 24 24 24

41 42 Part 6 43 Part 7 44 45 46 47 48 Part 8 49 Schedule Planning and Environment Court Rules 2008 Contents Admissions at conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appeals to Court of Appeal Documents to be given to principal registrar . . . . . . . . . . . . . . . . Miscellaneous Judges may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where documents to be filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . Document format . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Court fees if state-related party . . . . . . . . . . . . . . . . . . . . . . . . . . Repeal Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 25 26 26 26 27 27 27 28 29 Endnotes 1 2 3 4 5 6 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of legislation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 31 31 32 32 32 Page 3

Planning and Environment Court Rules 2008 Part 1 Preliminary [r 1] Planning and Environment Court Rules 2008 [as amended by all amendments that commenced on or before 18 December 2009] Part 1 Preliminary 1 Short title These rules may be cited as the Planning and Environment Court Rules 2008 . 2 Definitions The dictionary in the schedule defines terms used in these rules. 3 Application of rules (1) These rules apply to proceedings in the court. (2) If these rules do not provide for a matter in relation to a proceeding, or proceedings, in the Planning and Environment Court and the rules applying in the District Court would provide for the matter in relation to a proceeding, or proceedings, in the District Court, the rules applying in the District Court apply for the matter in the Planning and Environment Court with necessary changes. Notes — 1 Under section 445(4) of the Act, the rules may be uniform rules that apply to other courts. 2 See section 446(4) of the Act for when an order or direction of the court or the Chief Judge prevails over the rules. Reprint 1A effective 18 December 2009 Page 5

Planning and Environment Court Rules 2008 Part 2 Conduct of proceedings [r 4] 4 Compliance with rules The court may— (a) waive compliance with a provision of the rules if the court considers compliance would be likely to cause injustice, unreasonable expense or inconvenience or otherwise considers waiving compliance appropriate; or (b) excuse noncompliance with a provision of the rules. Part 2 Conduct of proceedings Division 1 Starting proceedings 5 Starting proceeding other than appeal A proceeding, other than an appeal, is started by filing an originating application. Example of a proceeding started by an originating application — a proceeding for a declaration or order under chapter 7, part 1, division 7 of the Act Note — An appeal to the court is started under section 481 of the Act. 6 Where to start proceeding A proceeding may be started in any registry of the court. Note — For the registries of the court, see section 453 of the Act. 7 Originating process—respondent (1) An originating application must name as a respondent the entity directly affected by the relief sought. Page 6 Reprint 1A effective 18 December 2009

Planning and Environment Court Rules 2008 Part 2 Conduct of proceedings [r 8] (2) A notice of appeal must name as a respondent or co-respondent the entity that is the respondent or co-respondent under an Act. 8 Originating process—relief The originating process for a proceeding must state— (a) the orders or other relief sought in the proceeding; and (b) the grounds on which the orders or other relief are sought. 9 Originating process—applicant’s or appellant’s contact details and address for service (1) An applicant or appellant (the person ) intending to act personally must ensure the following details are stated on the originating process before it is filed— (a) the person’s residential or business address; (b) if the address given under paragraph (a) is not the person’s address for service or is not a Queensland address—an address for service in Queensland including, for example, an address approved by the court as the address for service; (c) the person’s telephone number, if any; (d) if the person does not have a telephone number, a way of contacting the person by telephone; (e) the person’s fax number, if any; (f) the person’s email address, if any. (2) A lawyer or agent acting for an applicant or appellant (the person ) must ensure the following details are stated on the originating process before it is filed— (a) the person’s residential or business address; (b) the name of the lawyer or agent and, if the lawyer or agent practises in a firm, the name of the firm; Reprint 1A effective 18 December 2009 Page 7

Planning and Environment Court Rules 2008 Part 2 Conduct of proceedings [r 10] (c) the address of the lawyer’s or agent’s place of business; (d) if the address given under paragraph (c) is not the person’s address for service or is not a Queensland address—an address for service in Queensland including, for example, an address approved by the court as the address for service; (e) the lawyer’s or agent’s telephone number; (f) the lawyer’s or agent’s fax number, if any; (g) the lawyer’s or agent’s email address, if any. (3) If the lawyer or agent, or the lawyer’s or agent’s firm, is a member of an approved document exchange, the lawyer or agent may include the address of the document exchange with the details required under subrule (2). (4) The address for service of the person is— (a) for a person acting personally—an address in Queensland stated for subrule (1)(a) or (b); and (b) for a person for whom a lawyer or agent acts— (i) if an address is stated for subrule (2)(d)—that address; or (ii) otherwise—the address stated for subrule (2)(c). (5) In this rule— approved document exchange means a document exchange approved under the Uniform Civil Procedure Rules 1999 , rule 102. 10 Originating process must be signed The applicant or appellant, or the applicant’s or appellant’s lawyer or agent, must sign the originating process. Page 8 Reprint 1A effective 18 December 2009

Planning and Environment Court Rules 2008 Part 2 Conduct of proceedings [r 11] 11 Originating application must be given to other parties Unless the court otherwise orders under rule 17, the applicant must give a copy of the originating application to each other party to the proceeding. Note — A notice of appeal must be given to other parties under section 482, 483 or 484 of the Act. Division 2 Entry of appearance or notice of election 12 Entity named in originating process must file and serve entry of appearance (1) Subrule (2) applies to an entity— (a) that is named as a respondent in an originating application and wishes to be heard on the application; or (b) that— (i) is named as a respondent or co-respondent in a notice of appeal; and (ii) is entitled, under an Act, to be heard on the appeal; and (iii) wishes to be heard on the appeal. (2) The entity must— (a) within 10 days after being served with a copy of the originating process, file an entry of appearance in the approved form (an entry of appearance ); and (b) serve a copy of the entry of appearance on each other party to the proceeding. 13 Entity electing to be party must file and serve notice of election (1) Subrule (2) applies to an entity that— Reprint 1A effective 18 December 2009 Page 9

Planning and Environment Court Rules 2008 Part 2 Conduct of proceedings [r 14] (a) is not named as a party to a proceeding; and (b) is entitled, under an Act, to elect to be a party to the proceeding; and (c) wishes to be heard in the proceeding. (2) The entity must— (a) within 10 business days after receiving the originating process, file a notice of election in the approved form (the notice of election ); and (b) serve a copy of the notice of election on each other party to the proceeding. Division 3 Discontinuing or withdrawing from proceedings 14 Applicant or appellant may discontinue or withdraw part of proceeding (1) An applicant or appellant may discontinue a proceeding started by the applicant or appellant, or withdraw part of it— (a) by— (i) filing a notice of discontinuance or withdrawal in the approved form; and (ii) serving a copy of the notice on each other active party to the proceeding; and (iii) filing an affidavit stating the date a copy of the notice was served on each other active party; or (b) with the court’s leave. (2) If an active party served with a copy of the notice wishes to make an application to the court about the proceeding after being served with the copy, the active party must make the application within 14 days after the day the active party was served under subrule (1)(a). Page 10 Reprint 1A effective 18 December 2009

Planning and Environment Court Rules 2008 Part 2 Conduct of proceedings [r 15] (3) If an application is made under subrule (2), the discontinuance or withdrawal takes effect on the day the court decides the application or a later day decided by the court. (4) If no application is made under subrule (2), the discontinuance or withdrawal takes effect at the end of 14 days after the latest date on which an active party was served under subrule (1)(a). 15 Active party by election may withdraw (1) An active party by election may withdraw (the withdrawing party ) as an active party for a proceeding— (a) by— (i) filing a notice of withdrawal of election to co-respond in the approved form; and (ii) serving a copy of the notice on each other active party to the proceeding; and (iii) filing an affidavit stating the date a copy of the notice was served on each other active party; or (b) with the court’s leave. (2) If an active party served with a copy of the notice wishes to make an application to the court about the withdrawal or the withdrawing party, the active party must make the application within 14 days after the day the active party was served under subrule (1)(a). (3) If an application is made under subrule (2), the withdrawal takes effect on the day the court decides the application or a later day decided by the court. (4) If no application is made under subrule (2), the withdrawal takes effect at the end of 14 days after the latest date on which an active party was served under subrule (1)(a). (5) In this rule— active party by election means an entity that has filed and served a notice of election under rule 13(2). Reprint 1A effective 18 December 2009 Page 11

Planning and Environment Court Rules 2008 Part 2 Conduct of proceedings [r 16] Division 4 Hearing proceedings Subdivision 1 Venue 16 Where proceeding is heard (1) A proceeding must be heard in the court sitting at the place where the originating process for the proceeding is filed (the first place ). (2) However, the proceeding, or part of it, may be heard in the court sitting at another place (the other place ) if— (a) the court orders the proceeding, or part of it, be heard in the court sitting at the other place; or (b) an affidavit (the affidavit of consent ) is filed at the first place evidencing the consent of all active parties to the proceeding that the proceeding, or part of it, be heard in the court sitting at the other place. (3) An application for an order under subrule (2)(a) must be made to the court sitting at the first place. (4) The application must be heard in the court sitting at the first place unless no judge of the court is available to hear the application returnable in the court sitting at the first place on the date the applicant seeks to be heard on the application. Editor’s notes — • Information about return dates for hearing an application or the sitting dates available for hearing a proceeding in Brisbane, whether or not the proceeding originated in Brisbane, may be obtained by contacting the Planning and Environment Court Listing Manager in the Higher Courts registry by telephone on 3247 5407 or by emailing <DC-PEListManager@justice.qld.gov.au>. • Information about return dates for hearing an application or the sitting dates available for hearing a proceeding in a place other than Brisbane may be obtained by contacting the registrar at the place. (5) If, under subrule (2), the proceeding is not to be heard in the court sitting at the first place, the registrar of the court sitting Page 12 Reprint 1A effective 18 December 2009

Planning and Environment Court Rules 2008 Part 2 Conduct of proceedings [r 17] at the first place must, immediately upon the order being made or the affidavit of consent being filed— (a) give the registrar of the court sitting at the other place copies of all documents in the proceeding filed in the court sitting at the first place and necessary for the hearing; and (b) give the parties to the proceeding written notice of the transfer to the court sitting at the other place. Subdivision 2 Hearing particular proceedings without notice 17 Hearing proceeding started by originating application without notice If, in a proceeding started by an originating application, the court considers it appropriate, because of urgent circumstances in a particular case, the court may, without the applicant in the proceeding giving notice to any other entity— (a) order the proceeding be heard and decided; and (b) make any other order in relation to the proceeding. Subdivision 3 Orders or directions 18 Orders or directions (1) The court may make an order or issue directions about a proceeding the court considers appropriate— (a) at any time; or (b) on application by a party to the proceeding. (2) A party to a proceeding may, at any time, apply to the court for an order or directions about the proceeding. (3) However, the party to a proceeding with the onus in the proceeding must, as soon as practicable but within 3 months Reprint 1A effective 18 December 2009 Page 13

Planning and Environment Court Rules 2008 Part 2 Conduct of proceedings [r 18] after the applicant or appellant files the originating process for the proceeding, apply to the court for an order or directions about the proceeding. (4) Subrule (3) does not apply if another party to the proceeding has already applied to the court for an order or directions about the proceeding. (5) Without limiting subrule (1), (2) or (3), an order or directions, or an application for an order or directions, about a proceeding may be for 1 or more of the following— (a) an order or directions about compliance with any requirements under chapter 6, part 4 of the Act; Editor’s note — Chapter 6 (Integrated development assessment system (IDAS)), part 4 (Notification stage) of the Act (b) an order or directions to identify an issue to be decided in the proceeding at a preliminary stage of the proceeding; (c) an order about the conduct of the proceeding or directions about a procedural matter, including an order or directions about 1 or more of the following— (i) identifying matters as an issue in dispute in the proceeding; (ii) the content and performance of a dispute resolution plan; (iii) exchanging lists of witnesses, including expert witnesses; (iv) meetings of experts and the production of joint reports of the experts; (v) exchanging statements of witnesses the parties to the proceeding intend to call; (vi) a review by the court of the conduct of the proceeding; (vii) giving, for use by the court before the hearing, a copy of— Page 14 Reprint 1A effective 18 December 2009

Planning and Environment Court Rules 2008 Part 2 Conduct of proceedings [r 18] (A) a document identifying the issues in dispute in the proceeding; or (B) an extract of any planning instruments relevant to the proceeding; or (C) a statement of evidence, including a joint report, for the proceeding; or (D) a book of documents for the proceeding; (viii) limiting the duration of the hearing; (ix) limiting the time to be taken by a party to the proceeding in presenting the party’s case; (x) requiring evidence be given by affidavit, orally or in another form; (xi) requiring expert witnesses in the same field to give evidence consecutively, concurrently or in another way; (xii) limiting the number of witnesses a party may call on a particular issue in dispute in the proceeding; (xiii) limiting the time to be taken in examining, cross-examining or re-examining a witness; (xiv) requiring an opening address or submission to be made in the way the court directs; (xv) limiting the time to be taken for an opening address or in making oral submissions; (xvi) limiting the length of a written submission, affidavit or statement of evidence; (xvii) any other matter the court considers appropriate. (6) In this rule— book of documents means the bundle of documents to be tendered at the hearing of the proceeding with the consent of the parties. Reprint 1A effective 18 December 2009 Page 15

Planning and Environment Court Rules 2008 Part 2 Conduct of proceedings [r 19] dispute resolution plan means a plan prepared for narrowing and, if possible, resolving by agreement issues in dispute in the proceeding. 19 Copies of draft orders or directions must be served (1) If a party to a proceeding (the relevant party ) applies, under rule 18, for an order or directions, the relevant party must give the other parties to the application a copy of a draft of the order or directions the relevant party is seeking (the draft order ) no later than 2 days before the day the application is to be heard. (2) If a party to the application receives a copy of the draft order, the party must tell the relevant party and the other parties to the application whether the draft order is accepted or rejected— (a) as soon as practicable after receiving the draft order; and (b) no later than 4p.m. on the day before the application is to be heard. (3) If the draft order is rejected by a party to the application (the rejecting party ) the rejecting party must give the relevant party and other parties to the application a copy of a draft of any orders or directions the rejecting party is seeking no later than 4p.m. on the day before the application is to be heard. 20 Effect of order or directions under r 18 If the court makes an order or issues directions under rule 18, the court may— (a) decline to set a date for hearing the proceeding until the court is satisfied the parties to the application have complied with the order or directions; or (b) if the court considers it appropriate having regard to exceptional circumstances in relation to the proceeding—hear the proceeding without the order or directions being complied with; or Page 16 Reprint 1A effective 18 December 2009

Planning and Environment Court Rules 2008 Part 3 Evidence [r 21] (c) do anything else in relation to the conduct of the proceeding the court considers appropriate. Part 3 Evidence Division 1 Preliminary 21 Definitions for pt 3 In this part— expert means a person who would, if called as a witness in a proceeding, be qualified to give opinion evidence as an expert witness in relation to an issue in dispute in the proceeding. joint report means a report— (a) stating the joint opinion of experts in relation to an issue in dispute in the proceeding; and (b) identifying the matters about which the experts agree or disagree and the reasons for any disagreement. meeting of experts — (a) means a meeting at which experts in each area of expertise relevant to a proceeding meet— (i) in the absence of the parties, to discuss and attempt to reach agreement about the experts’ evidence in relation to an issue in dispute in the proceeding as it relates to the experts’ area of expertise; and (ii) to prepare a joint report; and (b) includes a resumed meeting of experts or further meeting of experts. party , for a proceeding, means a party to the proceeding or the party’s lawyer or agent. Reprint 1A effective 18 December 2009 Page 17

Planning and Environment Court Rules 2008 Part 3 Evidence [r 22] Division 2 General 22 Rules of evidence (1) The court may, at any time during a proceeding, order that the rules of evidence do not apply to proving a fact if the court considers— (a) strict proof of the fact may cause unnecessary or unreasonable expense, delay or inconvenience in the proceeding; or (b) the fact is not seriously in dispute. (2) Without limiting subrule (1), the court may order that the rules of evidence do not apply to proving handwriting or a document, authority or identity. (3) This rule applies regardless of the importance of the fact sought to be proved. Division 3 Meetings of experts 23 Application of div 3 (1) This division applies if, at any time in a proceeding— (a) the court orders or directs a meeting of experts; or (b) a meeting of experts is convened and chaired by an ADR registrar under rule 24. (2) However, if, in a proceeding, the court makes an order or gives directions inconsistent with a provision of this division (the relevant order ), the relevant order prevails to the extent of the inconsistency. 24 ADR registrar may convene and chair meeting of experts An ADR registrar may, if directed by the court or asked by all active parties for a proceeding, convene and chair a meeting of experts for the proceeding. Page 18 Reprint 1A effective 18 December 2009

Planning and Environment Court Rules 2008 Part 3 Evidence [r 25] 25 Party must ensure expert ready to take part in meeting of experts Before a meeting of experts, a party to a proceeding must do all things reasonably necessary or expedient to ensure an expert chosen by the party is ready to take part fully, properly and promptly in the meeting, including by giving the expert— (a) reasonable prior notice that the court has ordered or directed a meeting of experts or that an ADR registrar has convened a meeting of experts; and (b) notice of the contents of any order or direction about the meeting, including the time by which the meeting must be held; and (c) reasonable notice of the issue in dispute in the proceeding to the extent it is relevant to the expert’s expertise; and (d) enough information and opportunity for the expert to adequately investigate the facts in relation to the issue in dispute in the proceeding; and (e) written notice that the expert has a duty to assist the court and the duty overrides any obligation the expert may have to the party or any person who is liable for the expert’s fee or expenses. 26 Experts attending meeting must prepare joint report (1) The experts attending a meeting of experts must, without further reference to or instruction from the parties, prepare a joint report in relation to the meeting. (2) However, the experts attending the meeting may, at any time before the joint report prepared in relation to the meeting is finished, ask all parties to respond to an inquiry the experts make jointly of all parties. (3) The joint report must— Reprint 1A effective 18 December 2009 Page 19

Planning and Environment Court Rules 2008 Part 3 Evidence [r 27] (a) confirm that each expert understands the expert’s duty to the court and has complied with the duty; and (b) be given to the parties. 27 Admissions made at meeting of experts (1) Subrule (2) does not apply to a joint report prepared in relation to a meeting of experts. (2) Evidence of anything done or said, or an admission made, at a meeting of experts is admissible at the hearing of the proceeding or at the hearing of another proceeding in the court or in another civil proceeding only if all parties to the proceeding agree. (3) In subrule (2)— civil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the meeting. Division 4 Other provisions 28 Giving or accepting instructions to adopt or reject a particular opinion prohibited A person must not give, and an expert must not accept, instructions to adopt or reject a particular opinion in relation to an issue in dispute in a proceeding. 29 Expert must prepare statement of evidence (1) An expert must prepare a written statement of the expert’s evidence (a statement of evidence ) for the hearing of a proceeding. (2) If the expert has taken part in a meeting of experts— (a) a joint report prepared in relation to the meeting is taken to be the expert’s statement of evidence in the proceeding; and Page 20 Reprint 1A effective 18 December 2009

Planning and Environment Court Rules 2008 Part 3 Evidence [r 30] (b) a further statement of evidence in relation to any issue of disagreement recorded in the joint report may be prepared by the expert. (3) However, the further statement of evidence must not, without the court’s leave— (a) contradict, depart from or qualify an opinion in relation an issue the subject of agreement in the joint report; or (b) raise a new matter not already mentioned in the joint report. 30 Requirements for statement of evidence other than joint report (1) The Uniform Civil Procedure Rules 1999 , rule 428 applies to a statement of evidence, other than a joint report, as if a reference to a report is a reference to the statement of evidence. (2) However, the statement of evidence must include the information required under the Uniform Civil Procedure Rules 1999 , rule 428(2) only to the extent the information is not already contained in any joint report prepared. (3) Also, a statement of evidence must include a statement verifying that the expert has not received or accepted instructions to adopt or reject a particular opinion in relation to an issue in dispute in the proceeding. 31 Serving statement of evidence other than joint report (1) This rule applies to a statement of evidence other than a joint report. (2) A party to a proceeding intending to call evidence by an expert in the proceeding must, as directed by the court, serve on each other active party to the proceeding a copy of the expert’s statement of evidence. Reprint 1A effective 18 December 2009 Page 21

Planning and Environment Court Rules 2008 Part 4 Applications in pending proceedings [r 32] 32 Matters contained in statement of evidence not to be repeated An expert, in examination in chief, must not, without the court’s leave, repeat or expand on matters contained in the expert’s statement of evidence or introduce new material. 33 Evidence from only 1 expert may be called Other than with the court’s leave, a party to a proceeding, at any hearing of the proceeding, may call evidence from only 1 expert for each area of expertise dealt with in the hearing. Part 4 Applications in pending proceedings 34 Content of application in a proceeding An application in a proceeding must— (a) be made in an approved form (an application in pending proceedings ); and (b) state all of the following— (i) the date the application is to be heard; (ii) an estimate of time for the hearing of the application; (iii) the relief sought in the application; (iv) if the application is made by an entity who is not a party to the proceeding in which the application is made, the details required under rule 9 to be stated on an originating process unless the details have already been supplied on a document filed in the proceeding; and Page 22 Reprint 1A effective 18 December 2009

Planning and Environment Court Rules 2008 Part 5 Matters that may be dealt with by ADR registrar [r 35] (c) name as respondent any party to the proceeding whose interests may be affected by the granting of the relief sought in the application. 35 Serving application in pending proceedings and supporting affidavit (1) An entity making an application in a proceeding must— (a) file an application in pending proceedings and any affidavit to be relied on by the applicant at the hearing of the application (the supporting affidavit ); and (b) serve a copy of the application and any supporting affidavit on each respondent named in the application at least 2 business days before the day the application is to be heard. (2) However, if the court considers it appropriate having regard to the circumstances in a particular case, the court may order that subrule (1) does not apply. 36 Hearing application in a proceeding Except with the court’s leave, an application in a proceeding must be heard and decided on affidavit evidence. Part 5 Matters that may be dealt with by ADR registrar 37 Definitions for pt 5 In this part— active party , for a proceeding, means an active party to the proceeding or the active party’s lawyer or agent. case management conference means a conference at which the active parties for a proceeding confer about the way to Reprint 1A effective 18 December 2009 Page 23

Planning and Environment Court Rules 2008 Part 5 Matters that may be dealt with by ADR registrar [r 38] conduct the proceeding to ensure the resolution of the issues in dispute in the proceeding is just, expeditious and conducted at a minimum of expense. without prejudice conference means a conference at which the active parties for a proceeding confer to narrow and resolve the issues in dispute in the proceeding. 38 Case management conference (1) An ADR registrar may, if directed by the court or asked by all active parties for a proceeding, convene and chair a case management conference. (2) If a case management conference is convened, each active party must attend. 39 Listing proceedings for review An ADR registrar may, at any time and on the ADR registrar’s own initiative, list a proceeding for review or further review by a judge at a time the judge directs. 40 Without prejudice conference (1) An ADR registrar may, if directed by the court or at the request of all active parties for a proceeding, convene and chair a without prejudice conference for the proceeding. Note — Section 491 of the Act also provides for an alternative dispute resolution process. (2) If a without prejudice conference is convened— (a) each active party must attend the conference; and (b) any other person directed by the court must attend the conference; and (c) any other person may attend the conference if all active parties for the proceeding agree. Page 24 Reprint 1A effective 18 December 2009

Planning and Environment Court Rules 2008 Part 5 Matters that may be dealt with by ADR registrar [r 41] Example for paragraph (c) — An expert may attend if all active parties for the proceeding agree. (3) In subrule (2)— active party includes a person familiar with the substance of the issues in dispute in the proceeding and who— (a) is authorised by the party to settle the issues; or (b) if attendance by a person with authority to settle is impractical—is authorised to make a recommendation to the active party about settling the issues. 41 Admissions at conference (1) Subrule (2) does not apply to evidence of an agreement reached at a conference. (2) Evidence of anything done or said, or an admission made, at a conference about a proceeding is inadmissible at the hearing of the proceeding or at the hearing of another proceeding in the court or in another civil proceeding. (2) In this rule— civil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the conference. conference means a case management conference or without prejudice conference. 42 Delegation With the approval of the Chief Judge, the principal registrar of the court may delegate a function or power of an ADR registrar under these rules to another registrar or officer of the court. Note — The registry of the court at Brisbane is the principal registry of the court. See section 453(2) of the Act. Reprint 1A effective 18 December 2009 Page 25

Planning and Environment Court Rules 2008 Part 6 Appeals to Court of Appeal [r 43] Part 6 Appeals to Court of Appeal 43 Documents to be given to principal registrar (1) A party to a proceeding who applies, under section 498 of the Act, for leave to appeal to the Court of Appeal against a decision of the court must give the principal registrar a copy of the following documents— (a) the application for leave to appeal; (b) the Court of Appeal’s decision on the application for leave; (c) if the leave is granted and the appeal is started— (i) the notice of appeal; and (ii) the Court of Appeal’s decision on the appeal. (2) The principal registrar must keep the copies with the documents kept by the principal registrar for the proceeding in the court. Part 7 Miscellaneous 44 Judges may approve forms Two or more District Court judges of whom the Chief Judge is to be 1, may approve forms for use under these rules. 45 Where documents to be filed (1) An entry of appearance or notice of election may be filed— (a) at the place where the originating process to which the entry of appearance or notice of election relates was filed; or Page 26 Reprint 1A effective 18 December 2009

Planning and Environment Court Rules 2008 Part 7 Miscellaneous [r 46] Note — See also rule 6. (b) otherwise—at the place where the court file for the proceeding is kept. (2) All other documents for a proceeding must be filed at the place where the court file for the proceeding is kept. 46 Document format Documents to be filed in proceedings must be— (a) consecutively numbered on each page; and (b) divided into consecutively numbered paragraphs, each containing, as far as reasonably practicable, a separate allegation or topic about the proceeding. 47 Fees A document may be filed only if any fee prescribed under the regulation for filing it is paid when the document is given to the registrar. 48 Court fees if state-related party (1) In a proceeding to which a state-related person is a party— (a) despite rule 47, the state-related person may file a document without paying a fee; and (b) the state-related person is not required to prepay any other fees of court. (2) However, if judgment is given against another party in the proceeding, the state-related person may recover fees of court with costs from the other party. (3) In this rule— state-related person means the Sovereign, the State, a person acting for the State, an entity whose expenditure is payable, in Reprint 1A effective 18 December 2009 Page 27

Planning and Environment Court Rules 2008 Part 8 Repeal [r 49] whole or part, out of amounts from the consolidated fund or a person acting for the entity. Part 8 Repeal 49 Repeal The Planning and Environment Court Rules 1999, SL No. 116 are repealed. Page 28 Reprint 1A effective 18 December 2009

Schedule Planning and Environment Court Rules 2008 Schedule Dictionary rule 2 active party , for a proceeding— (a) for part 5, see rule 37; or (b) otherwise, means— (i) the applicant or appellant for the proceeding; and (ii) each other party to the proceeding who has filed an entry of appearance or notice of election for the proceeding. ADR registrar means a registrar or court officer of the District Court appointed as an ADR registrar of the court by the principal registrar of the court, in consultation with the Chief Judge. application in a proceeding means an application about a proceeding made after the proceeding is started and before it is decided. application in pending proceedings see rule 34. approved form means a form approved under rule 44. case management conference , for part 5, see rule 37. entry of appearance see rule 12(2). expert , for part 3, see rule 21. file means file in a registry of the court. joint report , for part 3, see rule 21. meeting of experts , for part 3, see rule 21. notice of appeal means the notice of the appeal mentioned in section 481 of the Act. notice of election see rule 13(2). originating application means an application in the approved form that starts a proceeding other than an appeal. Reprint 1A effective 18 December 2009 Page 29

Planning and Environment Court Rules 2008 Schedule originating process means an originating application or a notice of appeal. party , for a proceeding, for part 3, see rule 21. proceeding means a proceeding started by originating application or an appeal. statement of evidence see rule 29. without prejudice conference , for part 5, see rule 37. Page 30 Reprint 1A effective 18 December 2009

Endnotes Planning and Environment Court Rules 2008 Endnotes 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 4 Table of reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 18 December 2009. Future amendments of the Planning and Environment Court Rules 2008 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd num o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = numbered = order in council = omitted = original = page = paragraph = preceding = present = previous Reprint 1A effective 18 December 2009 Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) rv s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No. [X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = revised edition = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered Page 31

Planning and Environment Court Rules 2008 Endnotes 4 Table of reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of reprints, see the reprint with the latest effective date. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. Reprint No. 1 1A Amendments included none 2009 SL No. 280 Effective 12 December 2008 18 December 2009 Notes 5 List of legislation Planning and Environment Court Rules 2008 SL No. 410 made by the Governor in Council on 11 December 2008 notfd gaz 12 December 2008 pp 2044–53 commenced on date of notification exp 1 September 2019 (see SIA s 54) Notes—(1) The expiry date may have changed since this reprint was published. See the latest reprint of the SIR for any change. (2) Despite the repeal of the Integrated Planning Act 1997 the Planning and Environment Court Rules 2008 continue in force under the Sustainable Planning Act 2009 No. 36 (see 2009 No. 36 ss 445, 817). amending legislation— Sustainable Planning Regulation 2009 SL No. 280 ss 1–2, pt 9 div 17 notfd gaz 27 November 2009 pp 1001–6 ss 1–2 commenced on date of notification remaining provisions commenced 18 December 2009 (see s 2) 6 List of annotations Application of rules r 3 amd 2009 SL No. 280 s 106 Starting proceeding other than appeal r 5 amd 2009 SL No. 280 s 107 Where to start proceeding r 6 amd 2009 SL No. 280 s 108 Originating application must be given to other parties r 11 amd 2009 SL No. 280 s 109 Orders or directions r 18 amd 2009 SL No. 280 s 110 Page 32 Reprint 1A effective 18 December 2009

Planning and Environment Court Rules 2008 Endnotes Without prejudice conference r 40 amd 2009 SL No. 280 s 111 Delegation r 42 amd 2009 SL No. 280 s 112 Documents to be given to principal registrar prov hdg amd 2009 SL No. 280 s 113(1) r 43 amd 2009 SL No. 280 s 113(2)–(3) SCHEDULE—DICTIONARY def “ADR registrar” amd 2009 SL No. 280 s 114(1) def “notice of appeal” amd 2009 SL No. 280 s 114(2)–(3) © State of Queensland 2010 Reprint 1A effective 18 December 2009 Page 33