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News-2008

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Subject/Message & linkIssued By
24 October 2008The Court has published an annotated version of the Trees (Disputes Between Neighbours) Act 2006. Whilst this material does not constitute legal advice or any guarantee as to how a particular dispute will be decided on its merits, it provides a comprehensive, plain English explanation of how the Court has applied this legislation in the first 18 months or so of its operation. The Act will be updated from time to time to reflect further relevant developments. The noted up version of the Trees Act is available through the Court’s Tree Dispute practice collection.Justice Brian J Preston, Chief Judge
18 October 2008Paper entitled "JIRS for Dummies" and Powerpoint presentation given by Justice Biscoe at the EPLA Annual Conference.Justice Biscoe
17 October 2008Water and Ecologically Sustainable Development in the Courts, a paper delivered by Justice Brian J Preston at the University of South Australia, Australian Sustainability Laws and Water Management: The Future Symposium.Justice Brian J Preston, Chief Judge
11 October 2008 "Climate Change Litigation", a paper delivered by Justice Brian J Preston to the Judicial Conference of Australia Colloquium, Surfers Paradise, published in (2009) 9 The Judicial Review205. Justice Brian J Preston, Chief Judge
10 September 2008Trees (Disputes Between Neighbours) Act 2006
The Court has now published notes explaining processes for enforcement of judgment and orders of the Court in tree dispute cases.

The Court has also published revised Standard Tree Directions and Supplementary Tree Directions dealing with medical evidence in tree dispute cases.
Justice Brian J Preston, Chief Judge
25 August 2008Costs orders for amended plans in merit appeals under s 97 EPA Act 1979.
Schedule 2.1 [37] Environmental Planning and Assessment Amendment Act 2008 commences on 1 September 2008.

The amendment introduces s 97B into the Environmental Planning and Assessment Act 1979. Under s 97B the Court is to make an order that the applicant pay the consent authority’s costs ‘thrown away’ where the Court has allowed the applicant to file amended plans. Section 97B does not apply to minor amendments.

As the amendment is not retrospective it will apply to all appeals under s 97 that are commenced on or after 1 September 2008.
Justice Brian J Preston, Chief Judge
14 August 2008Latest Department of Housing median sales prices for all dwellings (March Quarter 2008)Registry
13 August 2008Publication of the Land and Environment Court Annual Review 2007 Justice Brian J Preston, Chief Judge
8 August 2008Announcement: The Chief Judge has announced the appointment of Dr Mark Taylor as a full time Commissioner commencing 11 August 2008.Justice Brian J Preston, Chief Judge
28 July 2008"Operating an environment court: the experience on the Land and Environment Court of New South Wales", a paper delivered by Justice Brian J Preston to the Environmental Commission of Trinidad and Tobago Inaugural Distinguished Lecture on Environmental Law, published in (2008) 25 EPLJ 385.Justice Brian J Preston, Chief Judge
27 June 2008Announcement: New fees effective from 1 July 2008. Please use the fee schedule on the Court Fees page until 30 June 2008

>>>> view the new fee schedule
Registry
26 June 2008"Consultation: One aspect of procedural propriety in administrative decision-making", published in (2008) 16 A J Admin L. Justice Brian J Preston, Chief Judge
23 June 2008





Approval of forms to be used in the Land and Environment Court

The Chief Judge of the Land and Environment Court has approved new forms for use in the Court from 1 July 2008. However, the Court will continue to accept documents prepared in accordance with the old approved forms until 30 September 2008.

>>>> view the new approved forms
>>>> view the Chief Judge's approval
Justice Brian J Preston, Chief Judge
20 June 2008"The role of courts in relation to adaptation to climate change". The paper is also a chapter of the forthcoming book: Tim Bonyhady, Jan McDonald and Andrew Macintosh (eds), Adapting to Climate Change: Australian Law and Policy (Federation Press).Justice Brian J Preston, Chief Judge
15 May 2008Latest Department of Housing median sales prices for all dwellings (December Quarter 2007)Registry
1 May 2008In Robson v Leischke [2008] NSWLEC 152 (1 May 2008), an application seeking an order for compensation for property damage pursuant to s 9(2)(i) of the Trees (Disputes Between Neighbours) Act 2006, Preston CJ sets out the historical background to such actions prior to the coming into force of this Act and the background to the development of the Act itself.

In paras 136 to 219 of His Honour’s decision, he analyses and provides a guide to the requirements of the various steps in the operation of the statutory scheme for applications seeking orders for compensation for property damage under the Trees Act.
Justice Brian J Preston, Chief Judge
30 April 2008Paper presented by Justice Brian J. Preston, Chief Judge and Hugh Donnelly at the Judicial Commission launch of the JIRS sentencing database for environmental offences. The establishment of an environmental crime sentencing database in New South WalesJustice Brian J Preston, Chief Judge
16 April 2008Court’s operating hours during the World Youth Day activities

The World Youth Day (WYD08) will be held in Sydney commencing on Tuesday, 15 July 2008 to Sunday, 20 July 2008.

The Land and Environment Court will be operating as normal during the period Tuesday, 15 July 2008 to Friday, 18 July 2008.

Practitioners or clients attending the Land and Environment Court in Sydney in the above period are advised to allow extra travelling time given the potential for delays due to road closures and also the increase in passengers using public transport.

Further information on WYD2007 may be obtained from http://www.wyd2008.org

Information on road and traffic changes may be accessed from http://www.rta.nsw.gov.au/

Registry
17 March 2008Delegation to Registrars under section 13 of the Civil Procedure Act 2005Justice Brian J Preston, Chief Judge
06/03/2008
Paper: Launch of NSW Chapter – Planning Law Chapter, “Bridging the Gap – Planning and the Law” by Justice Jagot to the Planning Institute of AustraliaJustice Jagot
28/02/2008
Paper presented by Justice Brian J. Preston, Chief Judge, to Australian Land and Groundwater Association EcoForum 2008. Ecologically Sustainable Development In the Context of Contaminated LandJustice Brian J Preston, Chief Judge
12/02/2008
Latest Department of Housing median sales prices for all dwellings (September Quarter 2007)Registry
8/02/2008
Law Vacation 2008 - 2009Registry
21/01/2008
Revised Standard Dispute Directions (Trees (Disputes Between Neighbours) Act 2006)Moore C



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