Queensland Consolidated Regulations

PLANNING AND ENVIRONMENT COURT RULES 2018

- Made under the Planning and Environment Court Act 2016
- As at 16 February 2024
- Reg 67 of 2018

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Application of rules
   5.      Compliance with rules and orders of the P&E Court

   PART 2 - CONDUCT OF P&E COURT PROCEEDINGS

           Division 1 - Starting P&E Court proceedings

   6.      Starting P&E Court proceeding other than appeal
   7.      Where to start P&E Court proceeding
   8.      Originating process—respondent
   9.      Originating process—content
   10.     Originating process—contact details and address for service of applicant or appellant
   11.     Originating process must be signed
   12.     Originating application must be served on other parties
   13.     Notice of declaratory proceeding

           Division 2 - Entries of appearance and notices of election

   14.     Entity named in originating process must file and serve entry of appearance
   15.     Entity electing to be party must file and serve notice of election

           Division 3 - Discontinuing or withdrawing from P&E Court proceedings

   16.     Applicant or appellant may discontinue or withdraw part of P&E Court proceeding
   17.     Active party by election may withdraw

           Division 4 - Hearing P&E Court proceedings

              Subdivision 1 - Venue

   18.     Where P&E Court proceeding is heard

              Subdivision 2 - Hearing particular P&E Court proceedings without notice

   19.     P&E Court proceeding started by originating application without notice

              Subdivision 3 - Orders and directions

   20.     P&E Court may make orders and give directions
   21.     Copy of draft order or directions must be served
   22.     Effect of orders or directions under r 20

   PART 3 - EVIDENCE

           Division 1 - Preliminary

   23.     Definitions for part
   24.     References to active party

           Division 2 - General

   25.     Rules of evidence
   25A.    Expert evidence given other than by report

           Division 3 - Meetings of experts

   26.     Meeting of experts
   27.     Active parties must ensure experts ready to take part in meeting of experts
   28.     Attending meeting of experts and preparing joint report
   28A.    Permitted communications between experts and active parties
   29.     Admissions made at meeting of experts
   30.     P&E Court orders and directions prevail

           Division 4 - Giving of evidence by experts and related matters

   31.     Application of division
   32.     Duty of active parties
   33.     Duty of expert
   34.     Expert must prepare report
   35.     Requirements for separate report
   35A.    Serving separate report
   35B.    Supplementary report following change of opinion
   35C.    Matters contained in report not to be repeated
   36.     Evidence from only 1 expert may be called

           Division 5 - Payment of witnesses

   37.     Payment of witnesses

   PART 4 - APPLICATIONS IN P&E COURT PROCEEDINGS

   38.     Content of application
   39.     Serving application and supporting affidavit
   40.     Hearing application

   PART 5 - ADR PROCESSES AND RELATED MATTERS
   Note—

   41.     Definitions for part
   42.     References to active party
   43.     Case management conference
   44.     Listing P&E Court proceeding for review
   45.     Without prejudice conference
   45A.    Mediation
   46.     Admissions at conference

   PART 5A - COSTS

   46A.    Costs of P&E Court proceedings

   PART 6 - APPEALS TO COURT OF APPEAL

   47.     Documents to be given to P&E Court’s principal registrar

   PART 6A - COPYING AND INSPECTION OF FILED DOCUMENTS

   47A.    Relationship with Uniform Civil Procedure Rules 1999
   47B.    Copies of documents
   47C.    Searches for documents

   PART 7 - MISCELLANEOUS

   48.     Hearing appeals together
   49.     Where documents to be filed
   50.     Document format

   PART 8 - TRANSITIONAL PROVISION

   51.     References to Planning and Environment Court Rules 2010
           SCHEDULE 1
           SCHEDULE 2