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News - 2007

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Date
Subject/Message & linkIssued By
New Telephone numbers of the Land & Environment Court of NSW became effective on 2 November 2007. Please refer to the Contact Us page for full details.Registry
17 December 2007The Court's powers, practice and procedure has been amended by the Courts Legislation Amendment Act 2007, Uniform Civil Procedure (Amendment No 20) Rules 2007, Land and Environment Court Rules 2007, and an order under the Electronic Transactions Act 2000. The amendments come into force on 28 January 2008. The current and previous legislation is available through this link.Registry
15 November 2007The Land and Environment Court of NSW: Moving Towards a Multi-Door Courthouse. Keynote address presented by The Honourable Brian J Preston, Chief Judge, to the LEADR NSW Chapter Annual DinnerJustice Brian J. Preston, Chief Judge
8 November 2007Latest Department of Housing median sales prices for all dwellings (June Quarter 2007)Registry
1 November 2007New page in Tree Disputes reference collection - Interpretation guidance & jurisdictional findingsRegistry
31 October 2007Two new decisions under the Trees (Disputes Between Neighbours) Act 2006 of general relevance

In Yang v Scerri [2007] NSWLEC 592, Brown C, Hoffman C and Fakes AC set out an appropriate “rule of thumb” for the term “in the near future” in s 10(2)(a) of the Act in order to provide some consistency in the application of this requirement. They said:

14. Ordinarily, the near future would involve a time period extending from the date of determination of the application to 12 months.

In Dooley & anor v Nevell [2007] NSWLEC 715, Moore C and Thyer AC considered the questions of jurisdiction and causation for the purposes of the four tests in s 10(2) of the Act in the context of a claim concerning termite damage. They held that the Court had no jurisdiction in such matters because: “… the fact that a tree may attract and provide habitat, whether temporary or permanent, to an animal, bird or insect does not mean that any damage caused by such an animal, bird or insect is, in any way, caused by the tree which provides that habitat.”
Moore C
24 October 2007Speech by Dr Roseth, Senior Commissioner to the NEERG Seminar on How to make joint reports helpful.Roseth SC
12 October 2007Paper presented by The Honourable Justice Brian J Prestion, Chief Judge on The Environment and its Influence on the Law to Legal Aid New South Wales, Civil Law Conference, Septermber 2007Justice Brian J. Preston, Chief Judge
11 October 2007
Announcement re: Law Vacation 2007-08Registry
19 September 2007
Please note the telephone and fax numbers for the Land and Environment Court will be changing on Friday 2 November 2007. The new numbers for Judges, Commissioners and the Registry will be published on line from that date.Registry
22 August 2007
Update on Administrative Law in an Environmental Context. Paper presented by Justice Brian J. Preston, Chief Judge, to The New South Wales Bar Association Administrative Law Section dinner. Justice Brian J. Preston, Chief Judge
22 August 2007
Announcement re. Land and Environment Court arrangements during APEC 2007 Conference (Sydney)Registry
17 August 2007
New tree dispute principle published: 'The tree was there first'. Click here for information about tree dispute principles.Registry
16 August 2007
Updated FAQ issued by the Registry: Frequently Asked Questions about court transcriptsRegistry
15 August 2007
Paper presented by Justice Brian J Preston to the ACDC Training Program for members of the Land and Environment Court of NSW on s 34 Conferences in the Land and Environment Court: Conciliation in the Land and Environment Court of NSW: History, Nature and Benefits.Justice Brian J. Preston, Chief Judge
14 August 2007
Latest Department of Housing median sales prices for all dwellings (March Quarter 2007).Registry
03 August 2007
Recent decision: 'A vine is not a 'tree' for the purposes of the Act' : Buckingham v Ryder [2007] NSWLEC 458Registry
01 August 2007
Publication of the Land and Environment Court Annual Review 2006Registry
31 July 2007
Paper presented by Justice Peter Biscoe at the 5th Worldwide Colloquium of the IUCN Academy of Environmental Law, Paraty, Brazil : Ecologically Sustainable Development in New South Wales + speech appendicesJustice Peter Biscoe
23 July 2007
Latest planning principle published re. Assessment of height, bulk and scale. Click here for information about planning principles.Registry
18 July 2007
Explanatory Note - Usual Directions for Classes 1, 2 , 3 and 4 Proceedings + Link to Usual DirectionsRegistry
22 August 2007
Update on Administrative Law in an Environmental Context. Paper presented by Justice Brian J. Preston, Chief Judge, to The New South Wales Bar Association Administrative Law Section dinner. Justice Brian J. Preston, Chief Judge
28 June 2007
Schedule of Court Fees effective from 1 July 2007 Registry
12 June 2007
Tree Dispute Information: a new reference collection made available on this website following commencement of the Tree (Disputes Between Neighbours) Act 2006. Includes links to most recent decisions that are updated on a regular basis.Registry
05 June 2007
Note to Parties and Practitioners - Preliminary Conferences under section 34 of the Land and Environment Court Act 1979 Registry
30 April 2007
New Practice Notes commencing in Classes 1, 2, 3 and 4 - effective from 14 May 2007
Justice Brian J. Preston, Chief Judge
16 March 2007
Paper presented by Justice Brian J. Preston, Chief Judge, to The Judges’ Review Conference 2007: Past, Present & Future Perspectives on the Law, Organised by the Australian Law Journal. Justice Brian J. Preston, Chief Judge
13 March 2007
Transcript of the Swearing Out Ceremony of the Honourable Justice Bignold Registry
27 February 2007
Announcement: Changes have been made to Robing in Court Registry
26 February 2007
Sandmining application in Kurnell refused in Rocla Pty Ltd v The Minister for Planning and Sutherland Shire Council [2007] NSWLEC 55 Registry
12 February 2007
Renewable Energy: In Taralga Landscape Guardians Inc v Minister for Planning and Res Southern Cross Pty Ltd [2007] NSWLEC 59, Preston CJ approved the renewable energy development of 62 Windfarm turbines at Taralga. Justice Brian J. Preston, Chief Judge
12 February 2007
Latest Department of Housing figures for median sales prices of all dwellings (September Quarter 2006) Registry
08 February 2007
Speech re: Practice and Procedure in the Land and Environment Court of New South Wales presented to Planning & Development and Environmental Law Conference by the Honourable Justice Brian J. Preston, Chief JudgeJustice Brian J. Preston, Chief Judge
01 February 2007
Trees Information SheetRegistry
23 January 2007
Media release "New tree dispute laws to come into force next month" by the Honourable Justice Brian J. Preston, Chief Judge. Application forms are now available via this link. An amended fee schedule, incorporating application fees for tree appeals may be accessed here. Justice Brian J. Preston, Chief Judge

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