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Practice Note: Procedure for taking reserved judgments


The Chief Judge of the Land and Environment Court of New South Wales has stated that the Court proposes to institute procedures on the matters below along the same lines as those proposed for the Supreme Court of New South Wales. They are as follows:

Reserved judgments: procedure for parties aggrieved about delay:

The procedure to be adopted is as follows:

If the legal representative of a party to proceedings in which there has been a reserved judgment desires to complain about delay in delivering the judgment, the complaint should be made by letter and should be addressed to the Chief Judge of the Land and Environment Court. In every such case the matter will be taken up with the Judge or Assessor involved in the reserved decision, but this will be done without disclosing the identity of the party raising the matter.

The purpose of this procedure is to institute a formal method which permits an aggrieved party to raise the matter directly with the Chief Judge.


Attending the court for reserved judgment unnecessary in some cases:

Excepting cases where for one reason or another it is necessary in the interests of the client that there be an attendance to receive a reserved judgment (as, for example, where there is to be an argument about costs or about the form of relief) legal practitioners should not feel obliged to attend court to take reserved judgments purely as a matter of courtesy to the court.

In cases where, consistently with what has been said above, attendance is unnecessary, and there is no appearance when a reserved judgment is handed down, arrangements will be made for a copy of the judgment to be placed in the DX box of the solicitors on the record for the parties.

The purpose of this procedure is to endeavour to effect some savings in costs to litigants, it being possible for barristers and/or solicitors not to attend court to receive a reserved judgment in any case where that attendance ought not to be necessary.




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