{"id":"qld:sl-2018-0067","name":"Planning and Environment Court Rules 2018","slug":"planning-and-environment-court-rules-2018","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"67 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174794,"registerId":"qld-qld:sl-2018-0067-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThese rules may be cited as the Planning and Environment Court Rules 2018 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThese rules commence on 4 July 2018.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in these rules.\nr 3 amd 2022 SL No. 18 s 4","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Application of rules","content":"### sec.4 Application of rules\n\nThese rules apply to a P&E Court proceeding.\nIf these rules do not provide for a matter in relation to a P&E Court proceeding and the rules applying in the District Court would provide for the matter in relation to a proceeding in the District Court, the rules applying in the District Court apply for the matter in the P&E Court with necessary changes.\nUnder section 13 (4) of the Act , the rules may be uniform rules that apply to other courts.\nSee section 14 (5) of the Act for when an order or direction of the P&E Court, or a direction of the Chief Judge, prevails over these rules.\n(sec.4-ssec.1) These rules apply to a P&E Court proceeding.\n(sec.4-ssec.2) If these rules do not provide for a matter in relation to a P&E Court proceeding and the rules applying in the District Court would provide for the matter in relation to a proceeding in the District Court, the rules applying in the District Court apply for the matter in the P&E Court with necessary changes. Under section 13 (4) of the Act , the rules may be uniform rules that apply to other courts. See section 14 (5) of the Act for when an order or direction of the P&E Court, or a direction of the Chief Judge, prevails over these rules.\n- 1 Under section 13 (4) of the Act , the rules may be uniform rules that apply to other courts.\n- 2 See section 14 (5) of the Act for when an order or direction of the P&E Court, or a direction of the Chief Judge, prevails over these rules.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"Compliance with rules and orders of the P&E Court","content":"### sec.5 Compliance with rules and orders of the P&E Court\n\nThe P&E Court may—\nwaive compliance with a provision of these rules if the court considers compliance would be likely to cause injustice, unreasonable expense or inconvenience or otherwise considers waiving compliance appropriate; or\nexcuse noncompliance with a provision of these rules; or\nimpose appropriate sanctions if a party to a P&E Court proceeding does not comply with these rules or an order of the court.\nThe P&E Court may dismiss a P&E Court proceeding if a party to the proceeding fails to proceed as required by these rules or an order of the court.\n- (a) waive compliance with a provision of these rules if the court considers compliance would be likely to cause injustice, unreasonable expense or inconvenience or otherwise considers waiving compliance appropriate; or\n- (b) excuse noncompliance with a provision of these rules; or\n- (c) impose appropriate sanctions if a party to a P&E Court proceeding does not comply with these rules or an order of the court. Example for paragraph (c) — The P&E Court may dismiss a P&E Court proceeding if a party to the proceeding fails to proceed as required by these rules or an order of the court.","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Conduct of P&E Court proceedings","content":"# Conduct of P&E Court proceedings","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Starting P&E Court proceedings","content":"## Starting P&E Court proceedings","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Starting P&E Court proceeding other than appeal","content":"### sec.6 Starting P&E Court proceeding other than appeal\n\nA P&E Court proceeding, other than an appeal, is started by filing an originating application.\na declaratory proceeding\nFor starting a Planning Act appeal, see the Planning Act , section 230 .","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Where to start P&E Court proceeding","content":"### sec.7 Where to start P&E Court proceeding\n\nA P&E Court proceeding may be started in any registry of the P&E Court.\nFor the registries of the P&E Court, see section 68 of the Act .","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Originating process—respondent","content":"### sec.8 Originating process—respondent\n\nAn originating application must name as a respondent the entity directly affected by the relief sought.\nA notice of appeal must name as a respondent or co-respondent the entity that is the respondent or co-respondent under an Act.\n(sec.8-ssec.1) An originating application must name as a respondent the entity directly affected by the relief sought.\n(sec.8-ssec.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.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Originating process—content","content":"### sec.9 Originating process—content\n\nThe originating process for a P&E Court proceeding must state—\nthe orders or other relief sought in the proceeding; and\nthe grounds on which the orders or other relief are sought.\n- (a) the orders or other relief sought in the proceeding; and\n- (b) the grounds on which the orders or other relief are sought.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Originating process—contact details and address for service of applicant or appellant","content":"### sec.10 Originating process—contact details and address for service of applicant or appellant\n\nAn applicant or appellant intending to act personally must ensure all of the following details are stated on the originating process before it is filed—\nthe residential or business address of the applicant or appellant;\nif the address stated under paragraph (a) is not in Queensland—an address in Queensland where documents may be served on the applicant or appellant;\nthe telephone number, if any, of the applicant or appellant;\nif the applicant or appellant does not have a telephone number—a way of contacting the applicant or appellant by telephone;\nthe email address, if any, of the applicant or appellant;\nthe fax number, if any, of the applicant or appellant.\nA lawyer or agent acting for an applicant or appellant must ensure all of the following details are stated on the originating process before it is filed—\nthe residential or business address of the applicant or appellant;\nthe name of the lawyer or agent and, if the lawyer or agent practises in a firm, the name of the firm;\nthe address of the place of business of the lawyer or agent;\nif the address stated under paragraph (c) is not the applicant’s or appellant’s address for service or is not an address in Queensland—an address for service in Queensland including, for example, an address approved by the P&E Court as the address for service;\nthe telephone number of the lawyer or agent;\nthe email address of the lawyer or agent;\nthe fax number, if any, of the lawyer or agent.\nIf 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 document exchange address with the details required under subrule (2) .\nNotice of any change in an applicant’s or appellant’s address for service must be filed and served on each other party to the P&E Court proceeding.\nThe address for service of an applicant or appellant is—\nfor an applicant or appellant acting personally—\nif the applicant or appellant is required to state an address under subrule (1) (b) —that address; or\notherwise—the address stated under subrule (1) (a) ; or\nfor an applicant or appellant for whom a lawyer or agent acts—\nif an address is stated under subrule (2) (d) —that address; or\notherwise—the address stated under subrule (2) (c) .\nIn this rule—\napproved document exchange means a document exchange approved under the Uniform Civil Procedure Rules 1999 , rule 102 .\n(sec.10-ssec.1) An applicant or appellant intending to act personally must ensure all of the following details are stated on the originating process before it is filed— the residential or business address of the applicant or appellant; if the address stated under paragraph (a) is not in Queensland—an address in Queensland where documents may be served on the applicant or appellant; the telephone number, if any, of the applicant or appellant; if the applicant or appellant does not have a telephone number—a way of contacting the applicant or appellant by telephone; the email address, if any, of the applicant or appellant; the fax number, if any, of the applicant or appellant.\n(sec.10-ssec.2) A lawyer or agent acting for an applicant or appellant must ensure all of the following details are stated on the originating process before it is filed— the residential or business address of the applicant or appellant; the name of the lawyer or agent and, if the lawyer or agent practises in a firm, the name of the firm; the address of the place of business of the lawyer or agent; if the address stated under paragraph (c) is not the applicant’s or appellant’s address for service or is not an address in Queensland—an address for service in Queensland including, for example, an address approved by the P&E Court as the address for service; the telephone number of the lawyer or agent; the email address of the lawyer or agent; the fax number, if any, of the lawyer or agent.\n(sec.10-ssec.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 document exchange address with the details required under subrule (2) .\n(sec.10-ssec.4) Notice of any change in an applicant’s or appellant’s address for service must be filed and served on each other party to the P&E Court proceeding.\n(sec.10-ssec.5) The address for service of an applicant or appellant is— for an applicant or appellant acting personally— if the applicant or appellant is required to state an address under subrule (1) (b) —that address; or otherwise—the address stated under subrule (1) (a) ; or for an applicant or appellant for whom a lawyer or agent acts— if an address is stated under subrule (2) (d) —that address; or otherwise—the address stated under subrule (2) (c) .\n(sec.10-ssec.6) In this rule— approved document exchange means a document exchange approved under the Uniform Civil Procedure Rules 1999 , rule 102 .\n- (a) the residential or business address of the applicant or appellant;\n- (b) if the address stated under paragraph (a) is not in Queensland—an address in Queensland where documents may be served on the applicant or appellant;\n- (c) the telephone number, if any, of the applicant or appellant;\n- (d) if the applicant or appellant does not have a telephone number—a way of contacting the applicant or appellant by telephone;\n- (e) the email address, if any, of the applicant or appellant;\n- (f) the fax number, if any, of the applicant or appellant.\n- (a) the residential or business address of the applicant or appellant;\n- (b) the name of the lawyer or agent and, if the lawyer or agent practises in a firm, the name of the firm;\n- (c) the address of the place of business of the lawyer or agent;\n- (d) if the address stated under paragraph (c) is not the applicant’s or appellant’s address for service or is not an address in Queensland—an address for service in Queensland including, for example, an address approved by the P&E Court as the address for service;\n- (e) the telephone number of the lawyer or agent;\n- (f) the email address of the lawyer or agent;\n- (g) the fax number, if any, of the lawyer or agent.\n- (a) for an applicant or appellant acting personally— (i) if the applicant or appellant is required to state an address under subrule (1) (b) —that address; or (ii) otherwise—the address stated under subrule (1) (a) ; or\n- (i) if the applicant or appellant is required to state an address under subrule (1) (b) —that address; or\n- (ii) otherwise—the address stated under subrule (1) (a) ; or\n- (b) for an applicant or appellant for whom a lawyer or agent acts— (i) if an address is stated under subrule (2) (d) —that address; or (ii) otherwise—the address stated under subrule (2) (c) .\n- (i) if an address is stated under subrule (2) (d) —that address; or\n- (ii) otherwise—the address stated under subrule (2) (c) .\n- (i) if the applicant or appellant is required to state an address under subrule (1) (b) —that address; or\n- (ii) otherwise—the address stated under subrule (1) (a) ; or\n- (i) if an address is stated under subrule (2) (d) —that address; or\n- (ii) otherwise—the address stated under subrule (2) (c) .","sortOrder":12},{"sectionNumber":"sec.11","sectionType":"section","heading":"Originating process must be signed","content":"### sec.11 Originating process must be signed\n\nThe applicant or appellant, or the applicant’s or appellant’s lawyer or agent, must sign the originating process.","sortOrder":13},{"sectionNumber":"sec.12","sectionType":"section","heading":"Originating application must be served on other parties","content":"### sec.12 Originating application must be served on other parties\n\nUnless the P&E Court otherwise orders under rule 19 , an applicant must, within 10 business days after filing the originating application, serve a copy of the application on each other party to the P&E Court proceeding.\nFor the requirement to serve a copy of a notice of appeal under the Planning Act to other parties, see the Planning Act , section 230 .","sortOrder":14},{"sectionNumber":"sec.13","sectionType":"section","heading":"Notice of declaratory proceeding","content":"### sec.13 Notice of declaratory proceeding\n\nIf an entity starts a declaratory proceeding, the entity must, on the day the entity starts the proceeding, give the chief executive written notice of the proceeding.","sortOrder":15},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Entries of appearance and notices of election","content":"## Entries of appearance and notices of election","sortOrder":16},{"sectionNumber":"sec.14","sectionType":"section","heading":"Entity named in originating process must file and serve entry of appearance","content":"### sec.14 Entity named in originating process must file and serve entry of appearance\n\nThis rule applies to an entity—\nthat is named as a respondent in an originating application and wishes to be heard on the application; or\nthat—\nis named as a respondent or co-respondent in a notice of appeal; and\nis entitled, under an Act, to be heard on the appeal; and\nwishes to be heard on the appeal.\nThe entity must, within 10 business days after being served with a copy of the originating process—\nfile an entry of appearance in the approved form (an entry of appearance ); and\nserve a copy of the entry of appearance on each other party to the P&E Court proceeding.\n(sec.14-ssec.1) This rule applies to an entity— that is named as a respondent in an originating application and wishes to be heard on the application; or that— is named as a respondent or co-respondent in a notice of appeal; and is entitled, under an Act, to be heard on the appeal; and wishes to be heard on the appeal.\n(sec.14-ssec.2) The entity must, within 10 business 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 serve a copy of the entry of appearance on each other party to the P&E Court proceeding.\n- (a) that is named as a respondent in an originating application and wishes to be heard on the application; or\n- (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.\n- (i) is named as a respondent or co-respondent in a notice of appeal; and\n- (ii) is entitled, under an Act, to be heard on the appeal; and\n- (iii) wishes to be heard on the appeal.\n- (i) is named as a respondent or co-respondent in a notice of appeal; and\n- (ii) is entitled, under an Act, to be heard on the appeal; and\n- (iii) wishes to be heard on the appeal.\n- (a) file an entry of appearance in the approved form (an entry of appearance ); and\n- (b) serve a copy of the entry of appearance on each other party to the P&E Court proceeding.","sortOrder":17},{"sectionNumber":"sec.15","sectionType":"section","heading":"Entity electing to be party must file and serve notice of election","content":"### sec.15 Entity electing to be party must file and serve notice of election\n\nThis rule applies to an entity that—\nis not named as a party to a P&E Court proceeding; and\nis entitled, under an Act, to elect to be a party to the proceeding; and\nwishes to be heard in the proceeding.\nThe entity must, within 10 business days after receiving the originating process—\nfile a notice of election in the approved form (the notice of election ); and\nserve a copy of the notice of election on each other party to the P&E Court proceeding.\nFor a Planning Act appeal, see also the requirement to file a notice of election under the Planning Act , section 230 (6) .\nOn filing the notice of election, the entity becomes a party to the P&E Court proceeding.\n(sec.15-ssec.1) This rule applies to an entity that— is not named as a party to a P&E Court proceeding; and is entitled, under an Act, to elect to be a party to the proceeding; and wishes to be heard in the proceeding.\n(sec.15-ssec.2) The entity must, within 10 business days after receiving the originating process— file a notice of election in the approved form (the notice of election ); and serve a copy of the notice of election on each other party to the P&E Court proceeding. For a Planning Act appeal, see also the requirement to file a notice of election under the Planning Act , section 230 (6) .\n(sec.15-ssec.3) On filing the notice of election, the entity becomes a party to the P&E Court proceeding.\n- (a) is not named as a party to a P&E Court proceeding; and\n- (b) is entitled, under an Act, to elect to be a party to the proceeding; and\n- (c) wishes to be heard in the proceeding.\n- (a) file a notice of election in the approved form (the notice of election ); and\n- (b) serve a copy of the notice of election on each other party to the P&E Court proceeding.","sortOrder":18},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Discontinuing or withdrawing from P&E Court proceedings","content":"## Discontinuing or withdrawing from P&E Court proceedings","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Applicant or appellant may discontinue or withdraw part of P&E Court proceeding","content":"### sec.16 Applicant or appellant may discontinue or withdraw part of P&E Court proceeding\n\nAn applicant or appellant may discontinue a P&E Court proceeding started by the applicant or appellant, or withdraw part of it—\nby—\nfiling a notice of discontinuance or withdrawal in the approved form; and\nserving a copy of the notice on each other active party to the proceeding; and\nfiling an affidavit stating the day a copy of the notice was served on each other active party; or\nwith the P&E Court’s leave.\nIf, after being served with a copy of the notice, an active party wishes to make an application to the P&E Court about the P&E Court proceeding, the active party must make the application within 14 days after the day the active party was served under subrule (1) (a) .\nIf an application is made under subrule (2) , the discontinuance or withdrawal takes effect on the day the P&E Court decides the application or a later day decided by the court.\nIf no application is made under subrule (2) , the discontinuance or withdrawal takes effect at the end of 14 days after the latest day on which an active party was served under subrule (1) (a) .\n(sec.16-ssec.1) An applicant or appellant may discontinue a P&E Court proceeding started by the applicant or appellant, or withdraw part of it— by— filing a notice of discontinuance or withdrawal in the approved form; and serving a copy of the notice on each other active party to the proceeding; and filing an affidavit stating the day a copy of the notice was served on each other active party; or with the P&E Court’s leave.\n(sec.16-ssec.2) If, after being served with a copy of the notice, an active party wishes to make an application to the P&E Court about the P&E Court proceeding, the active party must make the application within 14 days after the day the active party was served under subrule (1) (a) .\n(sec.16-ssec.3) If an application is made under subrule (2) , the discontinuance or withdrawal takes effect on the day the P&E Court decides the application or a later day decided by the court.\n(sec.16-ssec.4) If no application is made under subrule (2) , the discontinuance or withdrawal takes effect at the end of 14 days after the latest day on which an active party was served under subrule (1) (a) .\n- (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 day a copy of the notice was served on each other active party; or\n- (i) filing a notice of discontinuance or withdrawal in the approved form; and\n- (ii) serving a copy of the notice on each other active party to the proceeding; and\n- (iii) filing an affidavit stating the day a copy of the notice was served on each other active party; or\n- (b) with the P&E Court’s leave.\n- (i) filing a notice of discontinuance or withdrawal in the approved form; and\n- (ii) serving a copy of the notice on each other active party to the proceeding; and\n- (iii) filing an affidavit stating the day a copy of the notice was served on each other active party; or","sortOrder":20},{"sectionNumber":"sec.17","sectionType":"section","heading":"Active party by election may withdraw","content":"### sec.17 Active party by election may withdraw\n\nAn active party by election to a P&E Court proceeding may withdraw as an active party to the proceeding—\nby—\nfiling a notice of withdrawal of election to co-respond in the approved form; and\nserving a copy of the notice on each other active party to the proceeding; and\nfiling an affidavit stating the day a copy of the notice was served on each other active party; or\nwith the P&E Court’s leave.\nIf another active party served with a copy of the notice wishes to make an application to the P&E Court about the withdrawal of the active party by election, the other active party must make the application within 14 days after the day the other active party was served under subrule (1) (a) .\nIf an application is made under subrule (2) , the withdrawal takes effect on the day the P&E Court decides the application or a later day decided by the court.\nIf no application is made under subrule (2) , the withdrawal takes effect at the end of 14 days after the latest day on which an active party was served under subrule (1) (a) .\nIn this rule—\nactive party by election , to a P&E Court proceeding, means an entity that has filed and served a notice of election for the proceeding under rule 15 (2) .\n(sec.17-ssec.1) An active party by election to a P&E Court proceeding may withdraw as an active party to the proceeding— by— filing a notice of withdrawal of election to co-respond in the approved form; and serving a copy of the notice on each other active party to the proceeding; and filing an affidavit stating the day a copy of the notice was served on each other active party; or with the P&E Court’s leave.\n(sec.17-ssec.2) If another active party served with a copy of the notice wishes to make an application to the P&E Court about the withdrawal of the active party by election, the other active party must make the application within 14 days after the day the other active party was served under subrule (1) (a) .\n(sec.17-ssec.3) If an application is made under subrule (2) , the withdrawal takes effect on the day the P&E Court decides the application or a later day decided by the court.\n(sec.17-ssec.4) If no application is made under subrule (2) , the withdrawal takes effect at the end of 14 days after the latest day on which an active party was served under subrule (1) (a) .\n(sec.17-ssec.5) In this rule— active party by election , to a P&E Court proceeding, means an entity that has filed and served a notice of election for the proceeding under rule 15 (2) .\n- (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 day a copy of the notice was served on each other active party; or\n- (i) filing a notice of withdrawal of election to co-respond in the approved form; and\n- (ii) serving a copy of the notice on each other active party to the proceeding; and\n- (iii) filing an affidavit stating the day a copy of the notice was served on each other active party; or\n- (b) with the P&E Court’s leave.\n- (i) filing a notice of withdrawal of election to co-respond in the approved form; and\n- (ii) serving a copy of the notice on each other active party to the proceeding; and\n- (iii) filing an affidavit stating the day a copy of the notice was served on each other active party; or","sortOrder":21},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Hearing P&E Court proceedings","content":"## Hearing P&E Court proceedings","sortOrder":22},{"sectionNumber":"sec.18","sectionType":"section","heading":"Where P&E Court proceeding is heard","content":"### sec.18 Where P&E Court proceeding is heard\n\nA P&E Court proceeding must be heard in the P&E Court sitting at the place where the originating process for the proceeding is filed (the first place ).\nHowever, the P&E Court proceeding, or part of it, may be heard in the P&E Court sitting at another place (the other place ) if—\nthe court orders the proceeding or part be heard in the court sitting at the other place; or\nan affidavit (an affidavit of consent ) is filed at the first place evidencing the consent of all the active parties to the proceeding that the proceeding or part be heard in the court sitting at the other place.\nAn application for an order under subrule (2) (a) must be made to the P&E Court sitting at the first place.\nThe application must be heard in the P&E 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 day the applicant seeks to be heard on the application.\nIf, under subrule (2) , the P&E Court proceeding or part is not to be heard in the P&E Court sitting at the first place, the registrar of the court sitting at the first place must, immediately on the order being made or the affidavit of consent being filed—\ngive 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\ngive the active parties to the proceeding written notice of the transfer to the court sitting at the other place.\n(sec.18-ssec.1) A P&E Court proceeding must be heard in the P&E Court sitting at the place where the originating process for the proceeding is filed (the first place ).\n(sec.18-ssec.2) However, the P&E Court proceeding, or part of it, may be heard in the P&E Court sitting at another place (the other place ) if— the court orders the proceeding or part be heard in the court sitting at the other place; or an affidavit (an affidavit of consent ) is filed at the first place evidencing the consent of all the active parties to the proceeding that the proceeding or part be heard in the court sitting at the other place.\n(sec.18-ssec.3) An application for an order under subrule (2) (a) must be made to the P&E Court sitting at the first place.\n(sec.18-ssec.4) The application must be heard in the P&E 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 day the applicant seeks to be heard on the application.\n(sec.18-ssec.5) If, under subrule (2) , the P&E Court proceeding or part is not to be heard in the P&E Court sitting at the first place, the registrar of the court sitting at the first place must, immediately on the order being made or the affidavit of consent being filed— 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 give the active parties to the proceeding written notice of the transfer to the court sitting at the other place.\n- (a) the court orders the proceeding or part be heard in the court sitting at the other place; or\n- (b) an affidavit (an affidavit of consent ) is filed at the first place evidencing the consent of all the active parties to the proceeding that the proceeding or part be heard in the court sitting at the other place.\n- (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\n- (b) give the active parties to the proceeding written notice of the transfer to the court sitting at the other place.","sortOrder":23},{"sectionNumber":"sec.19","sectionType":"section","heading":"P&E Court proceeding started by originating application without notice","content":"### sec.19 P&E Court proceeding started by originating application without notice\n\nThis rule applies in relation to a P&E Court proceeding started by filing an originating application.\nIf the P&E Court considers it appropriate because of urgent circumstances in a particular case, the court may, without the applicant in the P&E Court proceeding giving notice to any other entity—\norder the proceeding be heard and decided; and\nmake any other order in relation to the proceeding.\n(sec.19-ssec.1) This rule applies in relation to a P&E Court proceeding started by filing an originating application.\n(sec.19-ssec.2) If the P&E Court considers it appropriate because of urgent circumstances in a particular case, the court may, without the applicant in the P&E Court proceeding giving notice to any other entity— order the proceeding be heard and decided; and make any other order in relation to the proceeding.\n- (a) order the proceeding be heard and decided; and\n- (b) make any other order in relation to the proceeding.","sortOrder":24},{"sectionNumber":"sec.20","sectionType":"section","heading":"P&E Court may make orders and give directions","content":"### sec.20 P&E Court may make orders and give directions\n\nThe P&E Court may make an order or give directions about a P&E Court proceeding the court considers appropriate—\nat any time; or\non application by an active party to the proceeding.\nAn active party to a P&E Court proceeding may, at any time, apply to the P&E Court for an order or directions about the proceeding.\nHowever, the active party to a P&E Court proceeding with the onus in the proceeding must, as soon as practicable, but within 3 months after the applicant or appellant files the originating process for the proceeding, apply to the P&E Court for an order or directions about the proceeding.\nSubrule (3) does not apply if another active party to the P&E Court proceeding has already applied to the P&E Court for an order or directions about the proceeding.\nWithout limiting subrule (1) , (2) or (3) , an order or directions, or an application for an order or directions, about a P&E Court proceeding may be for 1 or more of the following—\nan order or directions about compliance with a requirement under the Planning Act , section 53 ;\nan order or directions to identify an issue to be decided in the proceeding at a preliminary stage of the proceeding;\nan 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—\nidentifying matters as an issue in dispute in the proceeding;\nthe content and performance of a dispute resolution plan for the proceeding;\nexchanging lists of witnesses, including expert witnesses;\nmeetings of experts and the production of joint reports of the experts under part 3 ;\nexchanging statements of witnesses the active parties to the proceeding intend to call;\na review by the court of the conduct of the proceeding;\ngiving, for use by the court before the hearing, a copy of—\na document identifying the issues in dispute in the proceeding; or\nan extract of a planning instrument relevant to the proceeding; or\na report for the proceeding, including a joint report, under part 3 ; or\na book of documents for the proceeding;\nlimiting the duration of the hearing;\nlimiting the time to be taken by an active party to the proceeding in presenting the active party’s case;\nrequiring evidence to be given by affidavit, orally or in another form;\nrequiring expert witnesses in the same field to give evidence consecutively, concurrently or in another way;\nlimiting the number of witnesses an active party may call on a particular issue in dispute in the proceeding;\nlimiting the time to be taken in examining, cross-examining or re-examining a witness;\nrequiring an opening address or submission to be made in the way the court directs;\nlimiting the time to be taken for an opening address or in making oral submissions;\nlimiting the length of a written submission, affidavit or report for a proceeding under part 3 ;\nany other matter the court considers appropriate.\nIn this rule—\nbook of documents , for a P&E Court proceeding, means a bundle of documents to be tendered at the hearing of the proceeding with the consent of the active parties to the proceeding.\ndispute resolution plan , for a P&E Court proceeding, means a plan prepared for narrowing and, if possible, resolving by agreement issues in dispute in the proceeding.\nr 20 amd 2022 SL No. 18 s 5\n(sec.20-ssec.1) The P&E Court may make an order or give directions about a P&E Court proceeding the court considers appropriate— at any time; or on application by an active party to the proceeding.\n(sec.20-ssec.2) An active party to a P&E Court proceeding may, at any time, apply to the P&E Court for an order or directions about the proceeding.\n(sec.20-ssec.3) However, the active party to a P&E Court proceeding with the onus in the proceeding must, as soon as practicable, but within 3 months after the applicant or appellant files the originating process for the proceeding, apply to the P&E Court for an order or directions about the proceeding.\n(sec.20-ssec.4) Subrule (3) does not apply if another active party to the P&E Court proceeding has already applied to the P&E Court for an order or directions about the proceeding.\n(sec.20-ssec.5) Without limiting subrule (1) , (2) or (3) , an order or directions, or an application for an order or directions, about a P&E Court proceeding may be for 1 or more of the following— an order or directions about compliance with a requirement under the Planning Act , section 53 ; an order or directions to identify an issue to be decided in the proceeding at a preliminary stage of the proceeding; 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— identifying matters as an issue in dispute in the proceeding; the content and performance of a dispute resolution plan for the proceeding; exchanging lists of witnesses, including expert witnesses; meetings of experts and the production of joint reports of the experts under part 3 ; exchanging statements of witnesses the active parties to the proceeding intend to call; a review by the court of the conduct of the proceeding; giving, for use by the court before the hearing, a copy of— a document identifying the issues in dispute in the proceeding; or an extract of a planning instrument relevant to the proceeding; or a report for the proceeding, including a joint report, under part 3 ; or a book of documents for the proceeding; limiting the duration of the hearing; limiting the time to be taken by an active party to the proceeding in presenting the active party’s case; requiring evidence to be given by affidavit, orally or in another form; requiring expert witnesses in the same field to give evidence consecutively, concurrently or in another way; limiting the number of witnesses an active party may call on a particular issue in dispute in the proceeding; limiting the time to be taken in examining, cross-examining or re-examining a witness; requiring an opening address or submission to be made in the way the court directs; limiting the time to be taken for an opening address or in making oral submissions; limiting the length of a written submission, affidavit or report for a proceeding under part 3 ; any other matter the court considers appropriate.\n(sec.20-ssec.6) In this rule— book of documents , for a P&E Court proceeding, means a bundle of documents to be tendered at the hearing of the proceeding with the consent of the active parties to the proceeding. dispute resolution plan , for a P&E Court proceeding, means a plan prepared for narrowing and, if possible, resolving by agreement issues in dispute in the proceeding.\n- (a) at any time; or\n- (b) on application by an active party to the proceeding.\n- (a) an order or directions about compliance with a requirement under the Planning Act , section 53 ;\n- (b) an order or directions to identify an issue to be decided in the proceeding at a preliminary stage of the proceeding;\n- (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 for the proceeding; (iii) exchanging lists of witnesses, including expert witnesses; (iv) meetings of experts and the production of joint reports of the experts under part 3 ; (v) exchanging statements of witnesses the active 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— (A) a document identifying the issues in dispute in the proceeding; or (B) an extract of a planning instrument relevant to the proceeding; or (C) a report for the proceeding, including a joint report, under part 3 ; or (D) a book of documents for the proceeding; (viii) limiting the duration of the hearing; (ix) limiting the time to be taken by an active party to the proceeding in presenting the active party’s case; (x) requiring evidence to 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 an active 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 report for a proceeding under part 3 ; (xvii) any other matter the court considers appropriate.\n- (i) identifying matters as an issue in dispute in the proceeding;\n- (ii) the content and performance of a dispute resolution plan for the proceeding;\n- (iii) exchanging lists of witnesses, including expert witnesses;\n- (iv) meetings of experts and the production of joint reports of the experts under part 3 ;\n- (v) exchanging statements of witnesses the active parties to the proceeding intend to call;\n- (vi) a review by the court of the conduct of the proceeding;\n- (vii) giving, for use by the court before the hearing, a copy of— (A) a document identifying the issues in dispute in the proceeding; or (B) an extract of a planning instrument relevant to the proceeding; or (C) a report for the proceeding, including a joint report, under part 3 ; or (D) a book of documents for the proceeding;\n- (A) a document identifying the issues in dispute in the proceeding; or\n- (B) an extract of a planning instrument relevant to the proceeding; or\n- (C) a report for the proceeding, including a joint report, under part 3 ; or\n- (D) a book of documents for the proceeding;\n- (viii) limiting the duration of the hearing;\n- (ix) limiting the time to be taken by an active party to the proceeding in presenting the active party’s case;\n- (x) requiring evidence to be given by affidavit, orally or in another form;\n- (xi) requiring expert witnesses in the same field to give evidence consecutively, concurrently or in another way;\n- (xii) limiting the number of witnesses an active party may call on a particular issue in dispute in the proceeding;\n- (xiii) limiting the time to be taken in examining, cross-examining or re-examining a witness;\n- (xiv) requiring an opening address or submission to be made in the way the court directs;\n- (xv) limiting the time to be taken for an opening address or in making oral submissions;\n- (xvi) limiting the length of a written submission, affidavit or report for a proceeding under part 3 ;\n- (xvii) any other matter the court considers appropriate.\n- (i) identifying matters as an issue in dispute in the proceeding;\n- (ii) the content and performance of a dispute resolution plan for the proceeding;\n- (iii) exchanging lists of witnesses, including expert witnesses;\n- (iv) meetings of experts and the production of joint reports of the experts under part 3 ;\n- (v) exchanging statements of witnesses the active parties to the proceeding intend to call;\n- (vi) a review by the court of the conduct of the proceeding;\n- (vii) giving, for use by the court before the hearing, a copy of— (A) a document identifying the issues in dispute in the proceeding; or (B) an extract of a planning instrument relevant to the proceeding; or (C) a report for the proceeding, including a joint report, under part 3 ; or (D) a book of documents for the proceeding;\n- (A) a document identifying the issues in dispute in the proceeding; or\n- (B) an extract of a planning instrument relevant to the proceeding; or\n- (C) a report for the proceeding, including a joint report, under part 3 ; or\n- (D) a book of documents for the proceeding;\n- (viii) limiting the duration of the hearing;\n- (ix) limiting the time to be taken by an active party to the proceeding in presenting the active party’s case;\n- (x) requiring evidence to be given by affidavit, orally or in another form;\n- (xi) requiring expert witnesses in the same field to give evidence consecutively, concurrently or in another way;\n- (xii) limiting the number of witnesses an active party may call on a particular issue in dispute in the proceeding;\n- (xiii) limiting the time to be taken in examining, cross-examining or re-examining a witness;\n- (xiv) requiring an opening address or submission to be made in the way the court directs;\n- (xv) limiting the time to be taken for an opening address or in making oral submissions;\n- (xvi) limiting the length of a written submission, affidavit or report for a proceeding under part 3 ;\n- (xvii) any other matter the court considers appropriate.\n- (A) a document identifying the issues in dispute in the proceeding; or\n- (B) an extract of a planning instrument relevant to the proceeding; or\n- (C) a report for the proceeding, including a joint report, under part 3 ; or\n- (D) a book of documents for the proceeding;","sortOrder":25},{"sectionNumber":"sec.21","sectionType":"section","heading":"Copy of draft order or directions must be served","content":"### sec.21 Copy of draft order or directions must be served\n\nIf an active party to a P&E Court proceeding (the relevant party ) applies, under rule 20 , for an order or directions about the proceeding, the relevant party must give the other active parties to the application a copy of a draft of the order or directions the relevant party is seeking (the draft order ) not later than 2 days before the day the application is to be heard.\nIf an active party to the application receives a copy of the draft order, the active party must tell the relevant party and the other active parties to the application whether the draft order is accepted or rejected—\nas soon as practicable after receiving the draft order; and\nnot later than 4p.m. on the day before the application is to be heard.\nIf the draft order is rejected by an active party to the application (the rejecting party ), the rejecting party must give the relevant party and other active parties to the application a copy of a draft of any orders or directions the rejecting party is seeking not later than 4p.m. on the day before the application is to be heard.\n(sec.21-ssec.1) If an active party to a P&E Court proceeding (the relevant party ) applies, under rule 20 , for an order or directions about the proceeding, the relevant party must give the other active parties to the application a copy of a draft of the order or directions the relevant party is seeking (the draft order ) not later than 2 days before the day the application is to be heard.\n(sec.21-ssec.2) If an active party to the application receives a copy of the draft order, the active party must tell the relevant party and the other active parties to the application whether the draft order is accepted or rejected— as soon as practicable after receiving the draft order; and not later than 4p.m. on the day before the application is to be heard.\n(sec.21-ssec.3) If the draft order is rejected by an active party to the application (the rejecting party ), the rejecting party must give the relevant party and other active parties to the application a copy of a draft of any orders or directions the rejecting party is seeking not later than 4p.m. on the day before the application is to be heard.\n- (a) as soon as practicable after receiving the draft order; and\n- (b) not later than 4p.m. on the day before the application is to be heard.","sortOrder":26},{"sectionNumber":"sec.22","sectionType":"section","heading":"Effect of orders or directions under r 20","content":"### sec.22 Effect of orders or directions under r 20\n\nIf the P&E Court makes an order or gives directions under rule 20 about a P&E Court proceeding, the court may—\ndecline to set a date for hearing the proceeding until the court is satisfied the active parties to the application have complied with the order or directions; or\nif 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\ndo anything else in relation to the conduct of the proceeding the court considers appropriate.\n- (a) decline to set a date for hearing the proceeding until the court is satisfied the active parties to the application have complied with the order or directions; or\n- (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\n- (c) do anything else in relation to the conduct of the proceeding the court considers appropriate.","sortOrder":27},{"sectionNumber":"pt.3","sectionType":"part","heading":"Evidence","content":"# Evidence","sortOrder":28},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":29},{"sectionNumber":"sec.23","sectionType":"section","heading":"Definitions for part","content":"### sec.23 Definitions for part\n\nIn this part—\ncode of conduct means the code of conduct for experts set out in schedule 1 .\nr 23 def code of conduct ins 2022 SL No. 18 s 6 (2)\njoint report see rule 28 (1) .\nr 23 def joint report sub 2022 SL No. 18 s 6 (1) – (2)\nmeeting of experts —\nmeans a meeting at which experts in each area of expertise relevant to a P&E Court proceeding meet—\nto 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\nto prepare a joint report; and\nincludes a resumed meeting of experts or further meeting of experts.\nr 23 def meeting of experts amd 2022 SL No. 18 s 6 (3)\nreport , for a P&E Court proceeding—\nmeans a document giving an expert’s opinion on an issue arising in the proceeding; and\nincludes, for example—\na joint report; and\na separate report; and\na supplementary report.\nr 23 def report ins 2022 SL No. 18 s 6 (2)\nseparate report , for a P&E Court proceeding, means a report other than—\na joint report; or\na supplementary report.\nr 23 def separate report ins 2022 SL No. 18 s 6 (2)\nsupplementary report see rule 35B (3) (a) .\nr 23 def supplementary report ins 2022 SL No. 18 s 6 (2)\n(sec.23-ssec) In this part— code of conduct means the code of conduct for experts set out in schedule 1 . r 23 def code of conduct ins 2022 SL No. 18 s 6 (2) joint report see rule 28 (1) . r 23 def joint report sub 2022 SL No. 18 s 6 (1) – (2) meeting of experts — means a meeting at which experts in each area of expertise relevant to a P&E Court proceeding meet— 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 to prepare a joint report; and includes a resumed meeting of experts or further meeting of experts. r 23 def meeting of experts amd 2022 SL No. 18 s 6 (3) report , for a P&E Court proceeding— means a document giving an expert’s opinion on an issue arising in the proceeding; and includes, for example— a joint report; and a separate report; and a supplementary report. r 23 def report ins 2022 SL No. 18 s 6 (2) separate report , for a P&E Court proceeding, means a report other than— a joint report; or a supplementary report. r 23 def separate report ins 2022 SL No. 18 s 6 (2) supplementary report see rule 35B (3) (a) . r 23 def supplementary report ins 2022 SL No. 18 s 6 (2)\n- (a) means a meeting at which experts in each area of expertise relevant to a P&E Court proceeding meet— (i) 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\n- (i) 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\n- (ii) to prepare a joint report; and\n- (b) includes a resumed meeting of experts or further meeting of experts.\n- (i) 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\n- (ii) to prepare a joint report; and\n- (a) means a document giving an expert’s opinion on an issue arising in the proceeding; and\n- (b) includes, for example— (i) a joint report; and (ii) a separate report; and (iii) a supplementary report.\n- (i) a joint report; and\n- (ii) a separate report; and\n- (iii) a supplementary report.\n- (i) a joint report; and\n- (ii) a separate report; and\n- (iii) a supplementary report.\n- (a) a joint report; or\n- (b) a supplementary report.","sortOrder":30},{"sectionNumber":"sec.24","sectionType":"section","heading":"References to active party","content":"### sec.24 References to active party\n\nIn this part, a reference to an active party to a P&E Court proceeding includes a reference to the active party’s lawyer or agent.","sortOrder":31},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"General","content":"## General","sortOrder":32},{"sectionNumber":"sec.25","sectionType":"section","heading":"Rules of evidence","content":"### sec.25 Rules of evidence\n\nThe P&E Court may, at any time during a P&E Court proceeding, order that the rules of evidence do not apply to proving a fact if the court considers—\nstrict proof of the fact may cause unnecessary or unreasonable expense, delay or inconvenience in the proceeding; or\nthe fact is not seriously in dispute.\nWithout limiting subrule (1) , the P&E Court may order that the rules of evidence do not apply to proving handwriting or a document, authority or identity.\nThis rule applies regardless of the importance of the fact sought to be proved.\n(sec.25-ssec.1) The P&E Court may, at any time during a P&E Court proceeding, order that the rules of evidence do not apply to proving a fact if the court considers— strict proof of the fact may cause unnecessary or unreasonable expense, delay or inconvenience in the proceeding; or the fact is not seriously in dispute.\n(sec.25-ssec.2) Without limiting subrule (1) , the P&E Court may order that the rules of evidence do not apply to proving handwriting or a document, authority or identity.\n(sec.25-ssec.3) This rule applies regardless of the importance of the fact sought to be proved.\n- (a) strict proof of the fact may cause unnecessary or unreasonable expense, delay or inconvenience in the proceeding; or\n- (b) the fact is not seriously in dispute.","sortOrder":33},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Expert evidence given other than by report","content":"### sec.25A Expert evidence given other than by report\n\nThis rule applies if an expert in a P&E Court proceeding is called to give evidence, other than by report, in the proceeding.\nThe expert must give the evidence in person before the P&E Court.\nHowever, the expert may give the evidence to the P&E Court by audio visual link or audio link if required to do so under—\nan order or direction of the P&E Court; or\na direction of general application made by the Chief Judge under section 14 (2) of the Act .\nIn this rule—\naudio link see the Evidence Act 1977 , section 39C .\naudio visual link see the Evidence Act 1977 , schedule 3 .\nr 25A ins 2022 SL No. 18 s 7\n(sec.25A-ssec.1) This rule applies if an expert in a P&E Court proceeding is called to give evidence, other than by report, in the proceeding.\n(sec.25A-ssec.2) The expert must give the evidence in person before the P&E Court.\n(sec.25A-ssec.3) However, the expert may give the evidence to the P&E Court by audio visual link or audio link if required to do so under— an order or direction of the P&E Court; or a direction of general application made by the Chief Judge under section 14 (2) of the Act .\n(sec.25A-ssec.4) In this rule— audio link see the Evidence Act 1977 , section 39C . audio visual link see the Evidence Act 1977 , schedule 3 .\n- (a) an order or direction of the P&E Court; or\n- (b) a direction of general application made by the Chief Judge under section 14 (2) of the Act .","sortOrder":34},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Meetings of experts","content":"## Meetings of experts","sortOrder":35},{"sectionNumber":"sec.26","sectionType":"section","heading":"Meeting of experts","content":"### sec.26 Meeting of experts\n\nAn ADR registrar must, if ordered or directed by the P&E Court, convene and chair a meeting of experts for the proceeding.\nAlso, an ADR registrar may, if asked by all the active parties to a P&E Court proceeding, convene and chair a meeting of experts for the proceeding.\n(sec.26-ssec.1) An ADR registrar must, if ordered or directed by the P&E Court, convene and chair a meeting of experts for the proceeding.\n(sec.26-ssec.2) Also, an ADR registrar may, if asked by all the active parties to a P&E Court proceeding, convene and chair a meeting of experts for the proceeding.","sortOrder":36},{"sectionNumber":"sec.27","sectionType":"section","heading":"Active parties must ensure experts ready to take part in meeting of experts","content":"### sec.27 Active parties must ensure experts ready to take part in meeting of experts\n\nBefore attending a meeting of experts, each active party to the P&E Court proceeding must do all things reasonably necessary or expedient to ensure an expert chosen by the active party is ready to take part fully, properly and promptly in the meeting, including by giving the expert—\nreasonable notice that the P&E Court has ordered or directed a meeting of experts or that an ADR registrar has convened a meeting of experts; and\nnotice of the contents of any order or direction about the meeting, including the time by which the meeting must be held; and\nreasonable notice of the issue in dispute in the proceeding to the extent it is relevant to the expert’s expertise; and\nenough information and opportunity for the expert to adequately investigate the facts in relation to the issue in dispute in the proceeding.\nr 27 amd 2022 SL No. 18 s 8\n- (a) reasonable notice that the P&E Court has ordered or directed a meeting of experts or that an ADR registrar has convened a meeting of experts; and\n- (b) notice of the contents of any order or direction about the meeting, including the time by which the meeting must be held; and\n- (c) reasonable notice of the issue in dispute in the proceeding to the extent it is relevant to the expert’s expertise; and\n- (d) enough information and opportunity for the expert to adequately investigate the facts in relation to the issue in dispute in the proceeding.","sortOrder":37},{"sectionNumber":"sec.28","sectionType":"section","heading":"Attending meeting of experts and preparing joint report","content":"### sec.28 Attending meeting of experts and preparing joint report\n\nThe experts attending a meeting of experts must jointly prepare a report in relation to the meeting (a joint report ) that states—\nthe matters, if any, on which the experts agree; and\nthe matters, if any, on which the experts disagree and the reasons for any disagreement.\nIn holding the meeting of experts, and preparing the joint report, the experts—\nmust exercise independent judgement; and\nmust endeavour to reach an agreement on any matter on which they disagree; and\nmust not act on any instruction or request to withhold or avoid reaching an agreement.\nUnless the P&E Court orders or directs otherwise, the experts must—\nhold the meeting of experts in the absence of the active parties to the P&E Court proceeding; and\nprepare the joint report without reference to, or instructions from, the active parties to the P&E Court proceeding.\nThe joint report must confirm that—\neach of the experts has read, and agrees to be bound by, the code of conduct; and\nthe factual matters stated in the report are, as far as each of the experts knows, true; and\neach of the experts has made all inquiries considered appropriate; and\nthe opinions stated in the report are genuinely held by each of the experts; and\nthe report contains reference to all matters each of the experts considers significant; and\neach of the experts understands the expert’s duty to the P&E Court and has complied with the duty.\nThe experts must give the joint report to the active parties to the P&E Court proceeding as soon as practicable after the meeting of experts has concluded and, in any case, as ordered or directed by the P&E Court.\nThis rule is subject to rule 28A .\nr 28 amd 2019 SL No. 67 s 4\nsub 2022 SL No. 18 s 9\n(sec.28-ssec.1) The experts attending a meeting of experts must jointly prepare a report in relation to the meeting (a joint report ) that states— the matters, if any, on which the experts agree; and the matters, if any, on which the experts disagree and the reasons for any disagreement.\n(sec.28-ssec.2) In holding the meeting of experts, and preparing the joint report, the experts— must exercise independent judgement; and must endeavour to reach an agreement on any matter on which they disagree; and must not act on any instruction or request to withhold or avoid reaching an agreement.\n(sec.28-ssec.3) Unless the P&E Court orders or directs otherwise, the experts must— hold the meeting of experts in the absence of the active parties to the P&E Court proceeding; and prepare the joint report without reference to, or instructions from, the active parties to the P&E Court proceeding.\n(sec.28-ssec.4) The joint report must confirm that— each of the experts has read, and agrees to be bound by, the code of conduct; and the factual matters stated in the report are, as far as each of the experts knows, true; and each of the experts has made all inquiries considered appropriate; and the opinions stated in the report are genuinely held by each of the experts; and the report contains reference to all matters each of the experts considers significant; and each of the experts understands the expert’s duty to the P&E Court and has complied with the duty.\n(sec.28-ssec.5) The experts must give the joint report to the active parties to the P&E Court proceeding as soon as practicable after the meeting of experts has concluded and, in any case, as ordered or directed by the P&E Court.\n(sec.28-ssec.6) This rule is subject to rule 28A .\n- (a) the matters, if any, on which the experts agree; and\n- (b) the matters, if any, on which the experts disagree and the reasons for any disagreement.\n- (a) must exercise independent judgement; and\n- (b) must endeavour to reach an agreement on any matter on which they disagree; and\n- (c) must not act on any instruction or request to withhold or avoid reaching an agreement.\n- (a) hold the meeting of experts in the absence of the active parties to the P&E Court proceeding; and\n- (b) prepare the joint report without reference to, or instructions from, the active parties to the P&E Court proceeding.\n- (a) each of the experts has read, and agrees to be bound by, the code of conduct; and\n- (b) the factual matters stated in the report are, as far as each of the experts knows, true; and\n- (c) each of the experts has made all inquiries considered appropriate; and\n- (d) the opinions stated in the report are genuinely held by each of the experts; and\n- (e) the report contains reference to all matters each of the experts considers significant; and\n- (f) each of the experts understands the expert’s duty to the P&E Court and has complied with the duty.","sortOrder":38},{"sectionNumber":"sec.28A","sectionType":"section","heading":"Permitted communications between experts and active parties","content":"### sec.28A Permitted communications between experts and active parties\n\nAny of the experts may, at any time, participate in a without prejudice conference or mediation under part 5 involving the active parties to the P&E Court proceeding.\nAlso, any of the experts may, at any time before the joint report is completed, give 1 or more of the active parties to the P&E Court proceeding (each a recipient ) a written notice—\nasking the recipient to respond to a request for information or other inquiry that may assist the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report; or\ninforming the recipient of any matter affecting the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report.\ninforming the active parties of a delay in gathering data for use in the joint report\nHowever, a notice under subrule (2) may be given to an active party to the P&E Court proceeding only if—\nall of the experts agree to the giving of the notice or, if the experts do not agree, the notice states the basis of the disagreement between the experts; and\na copy of the notice is given to all the experts and the other active parties at the same time as the notice is given to the active party.\nThe recipient of a notice given by an expert under subrule (2) may respond to the notice only if—\nthe response is in writing; and\nbefore the response is made, a copy of the response is given to all the other active parties at the same time; and\nthe response is made—\nnot more than 10 business days after the notice is given to the recipient; and\nnot less than 5 business days, or the shorter period agreed to by the active parties, after the copy of the response is given to the other active parties; and\na copy of the response is given to all the other experts at the same time as the response is made.\nAn active party to the P&E Court proceeding (the requesting party ) may request the experts prepare a report (the conduct report ) about the proper and timely conduct or conclusion of the meeting of experts, or preparation of the joint report, if a copy of the request is given to all the other active parties at the same time the request is made.\nAn active party may request an update on when the joint report will be completed.\nThe conduct report may be given to the requesting party only if—\nthe conduct report is given not more than 2 business days after the request is received by the experts; and\nall of the experts agree to the giving of the conduct report or, if the experts do not agree, the conduct report states the basis of the disagreement between the experts; and\nthe conduct report is in writing; and\na copy of the conduct report is given to all the other active parties at the same time as the conduct report is given to the requesting party.\nr 28A ins 2022 SL No. 18 s 9\n(sec.28A-ssec.1) Any of the experts may, at any time, participate in a without prejudice conference or mediation under part 5 involving the active parties to the P&E Court proceeding.\n(sec.28A-ssec.2) Also, any of the experts may, at any time before the joint report is completed, give 1 or more of the active parties to the P&E Court proceeding (each a recipient ) a written notice— asking the recipient to respond to a request for information or other inquiry that may assist the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report; or informing the recipient of any matter affecting the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report. informing the active parties of a delay in gathering data for use in the joint report\n(sec.28A-ssec.3) However, a notice under subrule (2) may be given to an active party to the P&E Court proceeding only if— all of the experts agree to the giving of the notice or, if the experts do not agree, the notice states the basis of the disagreement between the experts; and a copy of the notice is given to all the experts and the other active parties at the same time as the notice is given to the active party.\n(sec.28A-ssec.4) The recipient of a notice given by an expert under subrule (2) may respond to the notice only if— the response is in writing; and before the response is made, a copy of the response is given to all the other active parties at the same time; and the response is made— not more than 10 business days after the notice is given to the recipient; and not less than 5 business days, or the shorter period agreed to by the active parties, after the copy of the response is given to the other active parties; and a copy of the response is given to all the other experts at the same time as the response is made.\n(sec.28A-ssec.5) An active party to the P&E Court proceeding (the requesting party ) may request the experts prepare a report (the conduct report ) about the proper and timely conduct or conclusion of the meeting of experts, or preparation of the joint report, if a copy of the request is given to all the other active parties at the same time the request is made. An active party may request an update on when the joint report will be completed.\n(sec.28A-ssec.6) The conduct report may be given to the requesting party only if— the conduct report is given not more than 2 business days after the request is received by the experts; and all of the experts agree to the giving of the conduct report or, if the experts do not agree, the conduct report states the basis of the disagreement between the experts; and the conduct report is in writing; and a copy of the conduct report is given to all the other active parties at the same time as the conduct report is given to the requesting party.\n- (a) asking the recipient to respond to a request for information or other inquiry that may assist the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report; or\n- (b) informing the recipient of any matter affecting the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report. Example for paragraph (b) — informing the active parties of a delay in gathering data for use in the joint report\n- (a) all of the experts agree to the giving of the notice or, if the experts do not agree, the notice states the basis of the disagreement between the experts; and\n- (b) a copy of the notice is given to all the experts and the other active parties at the same time as the notice is given to the active party.\n- (a) the response is in writing; and\n- (b) before the response is made, a copy of the response is given to all the other active parties at the same time; and\n- (c) the response is made— (i) not more than 10 business days after the notice is given to the recipient; and (ii) not less than 5 business days, or the shorter period agreed to by the active parties, after the copy of the response is given to the other active parties; and\n- (i) not more than 10 business days after the notice is given to the recipient; and\n- (ii) not less than 5 business days, or the shorter period agreed to by the active parties, after the copy of the response is given to the other active parties; and\n- (d) a copy of the response is given to all the other experts at the same time as the response is made.\n- (i) not more than 10 business days after the notice is given to the recipient; and\n- (ii) not less than 5 business days, or the shorter period agreed to by the active parties, after the copy of the response is given to the other active parties; and\n- (a) the conduct report is given not more than 2 business days after the request is received by the experts; and\n- (b) all of the experts agree to the giving of the conduct report or, if the experts do not agree, the conduct report states the basis of the disagreement between the experts; and\n- (c) the conduct report is in writing; and\n- (d) a copy of the conduct report is given to all the other active parties at the same time as the conduct report is given to the requesting party.","sortOrder":39},{"sectionNumber":"sec.29","sectionType":"section","heading":"Admissions made at meeting of experts","content":"### sec.29 Admissions made at meeting of experts\n\nEvidence of anything done or said, or an admission made, at a meeting of experts is admissible at the hearing of the P&E Court proceeding, at the hearing of another P&E Court proceeding or in another civil proceeding only if all the active parties to the proceeding agree.\nSubrule (1) does not apply to a joint report prepared in relation to a meeting of experts.\nIn this rule—\ncivil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the meeting of experts.\n(sec.29-ssec.1) Evidence of anything done or said, or an admission made, at a meeting of experts is admissible at the hearing of the P&E Court proceeding, at the hearing of another P&E Court proceeding or in another civil proceeding only if all the active parties to the proceeding agree.\n(sec.29-ssec.2) Subrule (1) does not apply to a joint report prepared in relation to a meeting of experts.\n(sec.29-ssec.3) 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 meeting of experts.","sortOrder":40},{"sectionNumber":"sec.30","sectionType":"section","heading":"P&E Court orders and directions prevail","content":"### sec.30 P&E Court orders and directions prevail\n\nIf, in a P&E Court proceeding, the P&E Court makes an order or gives directions inconsistent with a provision of this division, the order or directions prevail to the extent of the inconsistency.","sortOrder":41},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Giving of evidence by experts and related matters","content":"## Giving of evidence by experts and related matters","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Application of division","content":"### sec.31 Application of division\n\nThis division applies if an expert is appointed in relation to a P&E Court proceeding.\nr 31 sub 2022 SL No. 18 s 10","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Duty of active parties","content":"### sec.32 Duty of active parties\n\nAs soon as practicable after the expert is appointed, a copy of the code of conduct must be given to the expert by—\nthe active party who appointed the expert in relation to the P&E Court proceeding; or\nif the expert was appointed in relation to the P&E Court proceeding by 2 or more active parties—the active parties or 1 of them as they may agree.\nAn active party to the P&E Court proceeding must not give instructions, or allow instructions to be given, to the expert to adopt or reject a particular opinion.\nr 32 sub 2022 SL No. 18 s 10\n(sec.32-ssec.1) As soon as practicable after the expert is appointed, a copy of the code of conduct must be given to the expert by— the active party who appointed the expert in relation to the P&E Court proceeding; or if the expert was appointed in relation to the P&E Court proceeding by 2 or more active parties—the active parties or 1 of them as they may agree.\n(sec.32-ssec.2) An active party to the P&E Court proceeding must not give instructions, or allow instructions to be given, to the expert to adopt or reject a particular opinion.\n- (a) the active party who appointed the expert in relation to the P&E Court proceeding; or\n- (b) if the expert was appointed in relation to the P&E Court proceeding by 2 or more active parties—the active parties or 1 of them as they may agree.","sortOrder":44},{"sectionNumber":"sec.33","sectionType":"section","heading":"Duty of expert","content":"### sec.33 Duty of expert\n\nThe expert has a duty to assist the P&E Court.\nThe expert—\nis not an advocate for an active party to the P&E Court proceeding; and\nmust not accept instructions from any person to adopt or reject a particular opinion.\nThe expert must comply with the requirements under the code of conduct.\nHowever, subrule (3) does not limit any provision of this part.\nThe expert’s duties under this rule override any obligation the expert may have to—\nany active party to the P&E Court proceeding; or\nany person who is liable for the expert’s fees or expenses.\nr 33 sub 2022 SL No. 18 s 10\n(sec.33-ssec.1) The expert has a duty to assist the P&E Court.\n(sec.33-ssec.2) The expert— is not an advocate for an active party to the P&E Court proceeding; and must not accept instructions from any person to adopt or reject a particular opinion.\n(sec.33-ssec.3) The expert must comply with the requirements under the code of conduct.\n(sec.33-ssec.4) However, subrule (3) does not limit any provision of this part.\n(sec.33-ssec.5) The expert’s duties under this rule override any obligation the expert may have to— any active party to the P&E Court proceeding; or any person who is liable for the expert’s fees or expenses.\n- (a) is not an advocate for an active party to the P&E Court proceeding; and\n- (b) must not accept instructions from any person to adopt or reject a particular opinion.\n- (a) any active party to the P&E Court proceeding; or\n- (b) any person who is liable for the expert’s fees or expenses.","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Expert must prepare report","content":"### sec.34 Expert must prepare report\n\nThe expert must prepare a report for the hearing of the P&E Court proceeding.\nIf the expert has taken part in a meeting of experts for the P&E Court proceeding—\na joint report prepared in relation to the meeting is taken to be the expert’s report for the hearing of the proceeding; but\nthe expert may prepare a separate report in relation to any issue of disagreement recorded in the joint report.\nHowever, the separate report must not, without the P&E Court’s leave, raise a new matter not already mentioned in the joint report.\nr 34 sub 2022 SL No. 18 s 10\n(sec.34-ssec.1) The expert must prepare a report for the hearing of the P&E Court proceeding.\n(sec.34-ssec.2) If the expert has taken part in a meeting of experts for the P&E Court proceeding— a joint report prepared in relation to the meeting is taken to be the expert’s report for the hearing of the proceeding; but the expert may prepare a separate report in relation to any issue of disagreement recorded in the joint report.\n(sec.34-ssec.3) However, the separate report must not, without the P&E Court’s leave, raise a new matter not already mentioned in the joint report.\n- (a) a joint report prepared in relation to the meeting is taken to be the expert’s report for the hearing of the proceeding; but\n- (b) the expert may prepare a separate report in relation to any issue of disagreement recorded in the joint report.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Requirements for separate report","content":"### sec.35 Requirements for separate report\n\nA separate report prepared by the expert must be addressed to the P&E Court and signed by the expert.\nThe separate report must include the following information—\nthe expert’s qualifications;\nall material facts, whether written or oral, on which the report is based;\nthe expert’s reasons for each opinion expressed in the report;\nreferences to any literature or other material relied on by the expert to prepare the report;\nfor any inspection, examination or experiment conducted, initiated, or relied on by the expert to prepare the report—\na description of what was done; and\nwhether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and\nthe name and qualifications of any other person involved; and\nthe result;\nif there is a range of opinion on matters dealt with in the report—a summary of the range of opinion, and the reasons why the expert adopted a particular opinion;\nif the expert believes the report may be incomplete or inaccurate without a qualification—the qualification;\na summary of the conclusions reached by the expert;\na statement about whether access to any readily ascertainable additional facts would assist the expert in reaching a more reliable conclusion.\nHowever, subrule (2) does not apply to the extent the information is already included in a joint report prepared for the P&E Court proceeding.\nIf the expert believes an opinion expressed in the separate report is not a concluded opinion, the report must state, where the opinion is expressed, the reason for the expert’s belief.\ninsufficient research\ninsufficient data\nThe expert must confirm in the separate report that—\nthe expert has read, and agrees to be bound by, the code of conduct; and\nthe factual matters stated in the report are, as far as the expert knows, true; and\nthe expert has made all inquiries considered appropriate; and\nthe opinions stated in the report are genuinely held by the expert; and\nthe report contains reference to all matters the expert considers significant; and\nthe expert understands the expert’s duty to the P&E Court and has complied with the duty.\nr 35 sub 2022 SL No. 18 s 10\n(sec.35-ssec.1) A separate report prepared by the expert must be addressed to the P&E Court and signed by the expert.\n(sec.35-ssec.2) The separate report must include the following information— the expert’s qualifications; all material facts, whether written or oral, on which the report is based; the expert’s reasons for each opinion expressed in the report; references to any literature or other material relied on by the expert to prepare the report; for any inspection, examination or experiment conducted, initiated, or relied on by the expert to prepare the report— a description of what was done; and whether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and the name and qualifications of any other person involved; and the result; if there is a range of opinion on matters dealt with in the report—a summary of the range of opinion, and the reasons why the expert adopted a particular opinion; if the expert believes the report may be incomplete or inaccurate without a qualification—the qualification; a summary of the conclusions reached by the expert; a statement about whether access to any readily ascertainable additional facts would assist the expert in reaching a more reliable conclusion.\n(sec.35-ssec.3) However, subrule (2) does not apply to the extent the information is already included in a joint report prepared for the P&E Court proceeding.\n(sec.35-ssec.4) If the expert believes an opinion expressed in the separate report is not a concluded opinion, the report must state, where the opinion is expressed, the reason for the expert’s belief. insufficient research insufficient data\n(sec.35-ssec.5) The expert must confirm in the separate report that— the expert has read, and agrees to be bound by, the code of conduct; and the factual matters stated in the report are, as far as the expert knows, true; and the expert has made all inquiries considered appropriate; and the opinions stated in the report are genuinely held by the expert; and the report contains reference to all matters the expert considers significant; and the expert understands the expert’s duty to the P&E Court and has complied with the duty.\n- (a) the expert’s qualifications;\n- (b) all material facts, whether written or oral, on which the report is based;\n- (c) the expert’s reasons for each opinion expressed in the report;\n- (d) references to any literature or other material relied on by the expert to prepare the report;\n- (e) for any inspection, examination or experiment conducted, initiated, or relied on by the expert to prepare the report— (i) a description of what was done; and (ii) whether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and (iii) the name and qualifications of any other person involved; and (iv) the result;\n- (i) a description of what was done; and\n- (ii) whether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and\n- (iii) the name and qualifications of any other person involved; and\n- (iv) the result;\n- (f) if there is a range of opinion on matters dealt with in the report—a summary of the range of opinion, and the reasons why the expert adopted a particular opinion;\n- (g) if the expert believes the report may be incomplete or inaccurate without a qualification—the qualification;\n- (h) a summary of the conclusions reached by the expert;\n- (i) a statement about whether access to any readily ascertainable additional facts would assist the expert in reaching a more reliable conclusion.\n- (i) a description of what was done; and\n- (ii) whether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and\n- (iii) the name and qualifications of any other person involved; and\n- (iv) the result;\n- • insufficient research\n- • insufficient data\n- (a) the expert has read, and agrees to be bound by, the code of conduct; and\n- (b) the factual matters stated in the report are, as far as the expert knows, true; and\n- (c) the expert has made all inquiries considered appropriate; and\n- (d) the opinions stated in the report are genuinely held by the expert; and\n- (e) the report contains reference to all matters the expert considers significant; and\n- (f) the expert understands the expert’s duty to the P&E Court and has complied with the duty.","sortOrder":47},{"sectionNumber":"sec.35A","sectionType":"section","heading":"Serving separate report","content":"### sec.35A Serving separate report\n\nAn active party to the P&E Court proceeding intending to call evidence by the expert must, as ordered or directed by the P&E Court, serve on each other active party to the proceeding a copy of any separate report prepared by the expert for the proceeding.\nr 35A ins 2022 SL No. 18 s 10","sortOrder":48},{"sectionNumber":"sec.35B","sectionType":"section","heading":"Supplementary report following change of opinion","content":"### sec.35B Supplementary report following change of opinion\n\nSubrule (2) applies if the expert changes, in a material way, an opinion included in a report prepared for the P&E Court proceeding (an earlier report ).\nUnless the expert knows the P&E Court proceeding has ended, the expert must, as soon as practicable after the change of opinion, give written notice of the change of opinion, and the reason for the change, to the active party who appointed the expert.\nIf the earlier report has been given under rule 28 or served under this division, the active party who appointed the expert must, as soon as practicable after receiving the notice—\nobtain a further report from the expert (a supplementary report ) that—\nstates the change of opinion and the reason for the change; and\notherwise complies with rule 35 ; and\nserve a copy of the supplementary report on each other active party to the P&E Court proceeding; and\napply to the P&E Court for an order or directions about the supplementary report.\nFor subrule (3) (a) (ii) , the supplementary report may, to the extent necessary, comply with rule 35 by incorporating by reference parts of the earlier report.\nThe expert may be called to give evidence only with the P&E Court’s leave.\nr 35B ins 2022 SL No. 18 s 10\n(sec.35B-ssec.1) Subrule (2) applies if the expert changes, in a material way, an opinion included in a report prepared for the P&E Court proceeding (an earlier report ).\n(sec.35B-ssec.2) Unless the expert knows the P&E Court proceeding has ended, the expert must, as soon as practicable after the change of opinion, give written notice of the change of opinion, and the reason for the change, to the active party who appointed the expert.\n(sec.35B-ssec.3) If the earlier report has been given under rule 28 or served under this division, the active party who appointed the expert must, as soon as practicable after receiving the notice— obtain a further report from the expert (a supplementary report ) that— states the change of opinion and the reason for the change; and otherwise complies with rule 35 ; and serve a copy of the supplementary report on each other active party to the P&E Court proceeding; and apply to the P&E Court for an order or directions about the supplementary report.\n(sec.35B-ssec.4) For subrule (3) (a) (ii) , the supplementary report may, to the extent necessary, comply with rule 35 by incorporating by reference parts of the earlier report.\n(sec.35B-ssec.5) The expert may be called to give evidence only with the P&E Court’s leave.\n- (a) obtain a further report from the expert (a supplementary report ) that— (i) states the change of opinion and the reason for the change; and (ii) otherwise complies with rule 35 ; and\n- (i) states the change of opinion and the reason for the change; and\n- (ii) otherwise complies with rule 35 ; and\n- (b) serve a copy of the supplementary report on each other active party to the P&E Court proceeding; and\n- (c) apply to the P&E Court for an order or directions about the supplementary report.\n- (i) states the change of opinion and the reason for the change; and\n- (ii) otherwise complies with rule 35 ; and","sortOrder":49},{"sectionNumber":"sec.35C","sectionType":"section","heading":"Matters contained in report not to be repeated","content":"### sec.35C Matters contained in report not to be repeated\n\nThe expert must not do either of the following in examination-in-chief without the P&E Court’s leave—\nrepeat or expand on matters contained in a report prepared by the expert;\nintroduce new material.\nr 35C ins 2022 SL No. 18 s 10\n- (a) repeat or expand on matters contained in a report prepared by the expert;\n- (b) introduce new material.","sortOrder":50},{"sectionNumber":"sec.36","sectionType":"section","heading":"Evidence from only 1 expert may be called","content":"### sec.36 Evidence from only 1 expert may be called\n\nOther than with the P&E Court’s leave, an active party to a P&E Court proceeding, at any hearing of the proceeding, may call evidence from only 1 expert for each area of expertise dealt with in the hearing.","sortOrder":51},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Payment of witnesses","content":"## Payment of witnesses","sortOrder":52},{"sectionNumber":"sec.37","sectionType":"section","heading":"Payment of witnesses","content":"### sec.37 Payment of witnesses\n\nEvery witness summoned is entitled to be paid reasonable expenses by the active party requiring the attendance of the witness.","sortOrder":53},{"sectionNumber":"pt.4","sectionType":"part","heading":"Applications in P&E Court proceedings","content":"# Applications in P&E Court proceedings","sortOrder":54},{"sectionNumber":"sec.38","sectionType":"section","heading":"Content of application","content":"### sec.38 Content of application\n\nAn application in a P&E Court proceeding must—\nbe made in an approved form; and\nstate all of the following—\nthe day the application is to be heard;\nan estimate of time for the hearing of the application;\nthe relief sought in the application;\nif the application is made by an entity that is not a party to the proceeding in which the application is made—the details required under rule 10 to be stated on an originating process unless the details have already been supplied on a document filed in the proceeding; and\nname as respondent any party to the proceeding whose interests may be affected by the granting of the relief sought in the application.\n- (a) be made in an approved form; and\n- (b) state all of the following— (i) the day 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 that is not a party to the proceeding in which the application is made—the details required under rule 10 to be stated on an originating process unless the details have already been supplied on a document filed in the proceeding; and\n- (i) the day the application is to be heard;\n- (ii) an estimate of time for the hearing of the application;\n- (iii) the relief sought in the application;\n- (iv) if the application is made by an entity that is not a party to the proceeding in which the application is made—the details required under rule 10 to be stated on an originating process unless the details have already been supplied on a document filed in the proceeding; and\n- (c) name as respondent any party to the proceeding whose interests may be affected by the granting of the relief sought in the application.\n- (i) the day the application is to be heard;\n- (ii) an estimate of time for the hearing of the application;\n- (iii) the relief sought in the application;\n- (iv) if the application is made by an entity that is not a party to the proceeding in which the application is made—the details required under rule 10 to be stated on an originating process unless the details have already been supplied on a document filed in the proceeding; and","sortOrder":55},{"sectionNumber":"sec.39","sectionType":"section","heading":"Serving application and supporting affidavit","content":"### sec.39 Serving application and supporting affidavit\n\nAn entity making an application in a P&E Court proceeding must—\nfile the application and any affidavit to be relied on by the applicant at the hearing of the application (a supporting affidavit ); and\nserve 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.\nHowever, if the P&E Court considers it appropriate having regard to the circumstances in a particular case, the court may order that subrule (1) does not apply.\n(sec.39-ssec.1) An entity making an application in a P&E Court proceeding must— file the application and any affidavit to be relied on by the applicant at the hearing of the application (a supporting affidavit ); and 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.\n(sec.39-ssec.2) However, if the P&E Court considers it appropriate having regard to the circumstances in a particular case, the court may order that subrule (1) does not apply.\n- (a) file the application and any affidavit to be relied on by the applicant at the hearing of the application (a supporting affidavit ); and\n- (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.","sortOrder":56},{"sectionNumber":"sec.40","sectionType":"section","heading":"Hearing application","content":"### sec.40 Hearing application\n\nOther than with the P&E Court’s leave, the application must be heard and decided on affidavit evidence.","sortOrder":57},{"sectionNumber":"pt.5","sectionType":"part","heading":"ADR processes and related matters","content":"# ADR processes and related matters","sortOrder":58},{"sectionNumber":"sec.41","sectionType":"section","heading":"Definitions for part","content":"### sec.41 Definitions for part\n\nIn this part—\ncase management conference means a conference at which the active parties to a P&E Court proceeding confer about the way to 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.\nwithout prejudice conference means a conference at which the active parties to a P&E Court proceeding confer to narrow and resolve the issues in dispute in the proceeding.\n(sec.41-ssec) In this part— case management conference means a conference at which the active parties to a P&E Court proceeding confer about the way to 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 to a P&E Court proceeding confer to narrow and resolve the issues in dispute in the proceeding.","sortOrder":59},{"sectionNumber":"sec.42","sectionType":"section","heading":"References to active party","content":"### sec.42 References to active party\n\nIn this part, a reference to an active party to a P&E Court proceeding includes a reference to the active party’s lawyer or agent.","sortOrder":60},{"sectionNumber":"sec.43","sectionType":"section","heading":"Case management conference","content":"### sec.43 Case management conference\n\nAn ADR registrar must, if directed by the P&E Court, convene and chair a case management conference for the proceeding.\nAlso, an ADR registrar may, if asked by all the active parties to a P&E Court proceeding, convene and chair a case management conference for the proceeding.\nIf a case management conference is convened under subrule (1) or (2) , each active party must attend.\n(sec.43-ssec.1) An ADR registrar must, if directed by the P&E Court, convene and chair a case management conference for the proceeding.\n(sec.43-ssec.2) Also, an ADR registrar may, if asked by all the active parties to a P&E Court proceeding, convene and chair a case management conference for the proceeding.\n(sec.43-ssec.3) If a case management conference is convened under subrule (1) or (2) , each active party must attend.","sortOrder":61},{"sectionNumber":"sec.44","sectionType":"section","heading":"Listing P&E Court proceeding for review","content":"### sec.44 Listing P&E Court proceeding for review\n\nAn ADR registrar may, on the ADR registrar’s own initiative, list a P&E Court proceeding for review or further review by a judge at a time the judge directs.","sortOrder":62},{"sectionNumber":"sec.45","sectionType":"section","heading":"Without prejudice conference","content":"### sec.45 Without prejudice conference\n\nAn ADR registrar or mediator must, if directed by the P&E Court, convene and chair a without prejudice conference for the proceeding.\nAlso, an ADR registrar or mediator may, if asked by all the active parties to a P&E Court proceeding, convene and chair a without prejudice conference for the proceeding.\nIf a without prejudice conference is convened under subrule (1) or (2) —\neach active party must attend the conference; and\nany other person directed by the P&E Court must attend the conference; and\nany other person may attend the conference if all the active parties to the P&E Court proceeding agree.\nAn expert may attend if all the active parties to the P&E Court proceeding agree.\nIn this rule, a reference to an active party to a P&E Court proceeding includes a reference to a person who—\nis familiar with the substance of the issues in dispute in the proceeding; and\nis either—\nauthorised by the active party to settle the issues; or\nif attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.\nr 45 amd 2019 SL No. 67 s 5\n(sec.45-ssec.1) An ADR registrar or mediator must, if directed by the P&E Court, convene and chair a without prejudice conference for the proceeding.\n(sec.45-ssec.2) Also, an ADR registrar or mediator may, if asked by all the active parties to a P&E Court proceeding, convene and chair a without prejudice conference for the proceeding.\n(sec.45-ssec.3) If a without prejudice conference is convened under subrule (1) or (2) — each active party must attend the conference; and any other person directed by the P&E Court must attend the conference; and any other person may attend the conference if all the active parties to the P&E Court proceeding agree. An expert may attend if all the active parties to the P&E Court proceeding agree.\n(sec.45-ssec.4) In this rule, a reference to an active party to a P&E Court proceeding includes a reference to a person who— is familiar with the substance of the issues in dispute in the proceeding; and is either— authorised by the active party to settle the issues; or if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.\n- (a) each active party must attend the conference; and\n- (b) any other person directed by the P&E Court must attend the conference; and\n- (c) any other person may attend the conference if all the active parties to the P&E Court proceeding agree. Example for paragraph (c) — An expert may attend if all the active parties to the P&E Court proceeding agree.\n- (a) is familiar with the substance of the issues in dispute in the proceeding; and\n- (b) is either— (i) authorised by the active party to settle the issues; or (ii) if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.\n- (i) authorised by the active party to settle the issues; or\n- (ii) if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.\n- (i) authorised by the active party to settle the issues; or\n- (ii) if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.","sortOrder":63},{"sectionNumber":"sec.45A","sectionType":"section","heading":"Mediation","content":"### sec.45A Mediation\n\nAn ADR registrar or mediator must, if directed by the P&E Court, convene and chair a mediation for a P&E Court proceeding.\nAlso, an ADR registrar or mediator may, if asked by all the active parties to a P&E Court proceeding, convene and chair a mediation for the proceeding.\nIf a mediation is convened under subrule (1) or (2) for a P&E Court proceeding—\neach active party to the proceeding must attend the mediation; and\nany other person directed by the P&E Court must attend the mediation; and\nany other person may attend the mediation if all the active parties to the proceeding agree.\nIn this rule, a reference to an active party to a P&E Court proceeding includes a reference to a person who—\nis familiar with the substance of the issues in dispute in the proceeding; and\nis either—\nauthorised by the active party to settle the issues; or\nif attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.\nr 45A ins 2019 SL No. 67 s 6\n(sec.45A-ssec.1) An ADR registrar or mediator must, if directed by the P&E Court, convene and chair a mediation for a P&E Court proceeding.\n(sec.45A-ssec.2) Also, an ADR registrar or mediator may, if asked by all the active parties to a P&E Court proceeding, convene and chair a mediation for the proceeding.\n(sec.45A-ssec.3) If a mediation is convened under subrule (1) or (2) for a P&E Court proceeding— each active party to the proceeding must attend the mediation; and any other person directed by the P&E Court must attend the mediation; and any other person may attend the mediation if all the active parties to the proceeding agree.\n(sec.45A-ssec.4) In this rule, a reference to an active party to a P&E Court proceeding includes a reference to a person who— is familiar with the substance of the issues in dispute in the proceeding; and is either— authorised by the active party to settle the issues; or if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.\n- (a) each active party to the proceeding must attend the mediation; and\n- (b) any other person directed by the P&E Court must attend the mediation; and\n- (c) any other person may attend the mediation if all the active parties to the proceeding agree.\n- (a) is familiar with the substance of the issues in dispute in the proceeding; and\n- (b) is either— (i) authorised by the active party to settle the issues; or (ii) if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.\n- (i) authorised by the active party to settle the issues; or\n- (ii) if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.\n- (i) authorised by the active party to settle the issues; or\n- (ii) if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.","sortOrder":64},{"sectionNumber":"sec.46","sectionType":"section","heading":"Admissions at conference","content":"### sec.46 Admissions at conference\n\nEvidence of anything done or said, or an admission made, at a conference for a P&E Court proceeding is inadmissible at the hearing of the proceeding, at the hearing of another P&E Court proceeding or in another civil proceeding.\nSubrule (1) does not apply to evidence of an agreement reached at a conference.\nIn this rule—\ncivil proceeding does not include a civil proceeding founded on fraud alleged to be connected with, or to have happened during, the conference.\nconference means a case management conference, without prejudice conference or mediation.\nr 46 amd 2019 SL No. 67 s 7\n(sec.46-ssec.1) Evidence of anything done or said, or an admission made, at a conference for a P&E Court proceeding is inadmissible at the hearing of the proceeding, at the hearing of another P&E Court proceeding or in another civil proceeding.\n(sec.46-ssec.2) Subrule (1) does not apply to evidence of an agreement reached at a conference.\n(sec.46-ssec.3) 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, without prejudice conference or mediation.","sortOrder":65},{"sectionNumber":"pt.5A","sectionType":"part","heading":"Costs","content":"# Costs","sortOrder":66},{"sectionNumber":"sec.46A","sectionType":"section","heading":"Costs of P&E Court proceedings","content":"### sec.46A Costs of P&E Court proceedings\n\nThe Uniform Civil Procedure Rules 1999 , rules 681 , 692 , 695 and 698 do not apply in relation to a P&E Court proceeding.\nr 46A ins 2022 SL No. 18 s 12","sortOrder":67},{"sectionNumber":"pt.6","sectionType":"part","heading":"Appeals to Court of Appeal","content":"# Appeals to Court of Appeal","sortOrder":68},{"sectionNumber":"sec.47","sectionType":"section","heading":"Documents to be given to P&E Court’s principal registrar","content":"### sec.47 Documents to be given to P&E Court’s principal registrar\n\nA party to a P&E Court proceeding who applies, under section 64 of the Act , for leave to appeal to the Court of Appeal against a decision of the P&E Court must give the P&E Court’s principal registrar a copy of the following documents—\nthe application for leave to appeal;\nthe Court of Appeal’s decision on the application for leave to appeal;\nif the leave is granted and the appeal is started—\nthe notice of appeal; and\nthe Court of Appeal’s decision on the appeal.\nThe P&E Court’s principal registrar must keep the copies with the documents kept by the principal registrar for the P&E Court proceeding in the P&E Court.\n(sec.47-ssec.1) A party to a P&E Court proceeding who applies, under section 64 of the Act , for leave to appeal to the Court of Appeal against a decision of the P&E Court must give the P&E Court’s principal registrar a copy of the following documents— the application for leave to appeal; the Court of Appeal’s decision on the application for leave to appeal; if the leave is granted and the appeal is started— the notice of appeal; and the Court of Appeal’s decision on the appeal.\n(sec.47-ssec.2) The P&E Court’s principal registrar must keep the copies with the documents kept by the principal registrar for the P&E Court proceeding in the P&E Court.\n- (a) the application for leave to appeal;\n- (b) the Court of Appeal’s decision on the application for leave to appeal;\n- (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.\n- (i) the notice of appeal; and\n- (ii) the Court of Appeal’s decision on the appeal.\n- (i) the notice of appeal; and\n- (ii) the Court of Appeal’s decision on the appeal.","sortOrder":69},{"sectionNumber":"pt.6A","sectionType":"part","heading":"Copying and inspection of filed documents","content":"# Copying and inspection of filed documents","sortOrder":70},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Relationship with Uniform Civil Procedure Rules 1999","content":"### sec.47A Relationship with Uniform Civil Procedure Rules 1999\n\nThe Uniform Civil Procedure Rules 1999 , chapter 22 , part 1 , division 6 does not apply in relation to a document filed in a P&E Court proceeding.\nr 47A ins 2024 SL No. 5 s 4","sortOrder":71},{"sectionNumber":"sec.47B","sectionType":"section","heading":"Copies of documents","content":"### sec.47B Copies of documents\n\nA person may ask a registrar for a copy or certified copy of a document filed in a P&E Court proceeding.\nThe person making the request must pay any prescribed fee for the copy or certified copy of the document.\nSubject to any court order restricting access to the file or document, the registrar must give the person a copy or certified copy of the document as the case may be.\nThe copy of the document must have the seal and the word ‘copy’ stamped on it.\nr 47B ins 2024 SL No. 5 s 4\n(sec.47B-ssec.1) A person may ask a registrar for a copy or certified copy of a document filed in a P&E Court proceeding.\n(sec.47B-ssec.2) The person making the request must pay any prescribed fee for the copy or certified copy of the document.\n(sec.47B-ssec.3) Subject to any court order restricting access to the file or document, the registrar must give the person a copy or certified copy of the document as the case may be.\n(sec.47B-ssec.4) The copy of the document must have the seal and the word ‘copy’ stamped on it.","sortOrder":72},{"sectionNumber":"sec.47C","sectionType":"section","heading":"Searches for documents","content":"### sec.47C Searches for documents\n\nA person may ask a registrar to search for, and allow the person to inspect, a document filed in a P&E Court proceeding.\nIf the person making the request is not a party, or a representative of a party, to the proceeding in which the document was filed, the person must pay any prescribed fee for the search or inspection.\nSubject to any court order restricting access to the file or document, or the file or document being required for the court’s use, the registrar must comply with the request, unless there is not enough information for the registrar to be able to comply with the request.\nThe registrar may, on payment of the prescribed fee, issue a certificate of the result of the search for the document.\nr 47C ins 2024 SL No. 5 s 4\n(sec.47C-ssec.1) A person may ask a registrar to search for, and allow the person to inspect, a document filed in a P&E Court proceeding.\n(sec.47C-ssec.2) If the person making the request is not a party, or a representative of a party, to the proceeding in which the document was filed, the person must pay any prescribed fee for the search or inspection.\n(sec.47C-ssec.3) Subject to any court order restricting access to the file or document, or the file or document being required for the court’s use, the registrar must comply with the request, unless there is not enough information for the registrar to be able to comply with the request.\n(sec.47C-ssec.4) The registrar may, on payment of the prescribed fee, issue a certificate of the result of the search for the document.","sortOrder":73},{"sectionNumber":"pt.7","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":74},{"sectionNumber":"sec.48","sectionType":"section","heading":"Hearing appeals together","content":"### sec.48 Hearing appeals together\n\nThe P&E Court may hear 2 or more appeals together.","sortOrder":75},{"sectionNumber":"sec.49","sectionType":"section","heading":"Where documents to be filed","content":"### sec.49 Where documents to be filed\n\nAn entry of appearance or notice of election may be filed—\nat the place the originating process to which the entry of appearance or notice of election relates was filed; or\nSee also rule 7 .\notherwise—at the place the P&E Court file for the P&E Court proceeding is kept.\nAll other documents for a P&E Court proceeding must be filed at the place the P&E Court file for the proceeding is kept.\n(sec.49-ssec.1) An entry of appearance or notice of election may be filed— at the place the originating process to which the entry of appearance or notice of election relates was filed; or See also rule 7 . otherwise—at the place the P&E Court file for the P&E Court proceeding is kept.\n(sec.49-ssec.2) All other documents for a P&E Court proceeding must be filed at the place the P&E Court file for the proceeding is kept.\n- (a) at the place the originating process to which the entry of appearance or notice of election relates was filed; or Note— See also rule 7 .\n- (b) otherwise—at the place the P&E Court file for the P&E Court proceeding is kept.","sortOrder":76},{"sectionNumber":"sec.50","sectionType":"section","heading":"Document format","content":"### sec.50 Document format\n\nDocuments to be filed in a P&E Court proceeding must—\nbe consecutively numbered on each page; and\nbe divided into consecutively numbered paragraphs and, if necessary, subparagraphs, each containing, as far as practicable, a separate allegation or topic about the proceeding.\n- (a) be consecutively numbered on each page; and\n- (b) be divided into consecutively numbered paragraphs and, if necessary, subparagraphs, each containing, as far as practicable, a separate allegation or topic about the proceeding.","sortOrder":77},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provision","content":"# Transitional provision","sortOrder":78},{"sectionNumber":"sec.51","sectionType":"section","heading":"References to Planning and Environment Court Rules 2010","content":"### sec.51 References to Planning and Environment Court Rules 2010\n\nIn a document, a reference to the Planning and Environment Court Rules 2010 may, if the context permits, be taken to be a reference to these rules.","sortOrder":79},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":80},{"sectionNumber":"sch.1-sec.1","sectionType":"section","heading":"Purpose of code","content":"### sch.1-sec.1 Purpose of code\n\nThe purpose of this code of conduct is—\nto state an expert’s obligations under the following provisions of part 3 of these rules—\nrule 28 ;\nrule 28A (1) to (3) and (6) ;\nrule 33 (1) , (2) and (5) ;\nrule 34 ;\nrule 35 ;\nrule 35B (1) to (4) ; and\notherwise to state an expert’s obligations in relation to an order made, or a direction given, by the P&E Court.\nIn this code of conduct, the information included in square brackets after a rule heading is a reference to the comparable rule under part 3 of these rules.\nThe brackets and information do not form part of these rules.\n(sch.1-sec.1-ssec.1) The purpose of this code of conduct is— to state an expert’s obligations under the following provisions of part 3 of these rules— rule 28 ; rule 28A (1) to (3) and (6) ; rule 33 (1) , (2) and (5) ; rule 34 ; rule 35 ; rule 35B (1) to (4) ; and otherwise to state an expert’s obligations in relation to an order made, or a direction given, by the P&E Court.\n(sch.1-sec.1-ssec.2) In this code of conduct, the information included in square brackets after a rule heading is a reference to the comparable rule under part 3 of these rules.\n(sch.1-sec.1-ssec.3) The brackets and information do not form part of these rules.\n- (a) to state an expert’s obligations under the following provisions of part 3 of these rules— (i) rule 28 ; (ii) rule 28A (1) to (3) and (6) ; (iii) rule 33 (1) , (2) and (5) ; (iv) rule 34 ; (v) rule 35 ; (vi) rule 35B (1) to (4) ; and\n- (i) rule 28 ;\n- (ii) rule 28A (1) to (3) and (6) ;\n- (iii) rule 33 (1) , (2) and (5) ;\n- (iv) rule 34 ;\n- (v) rule 35 ;\n- (vi) rule 35B (1) to (4) ; and\n- (b) otherwise to state an expert’s obligations in relation to an order made, or a direction given, by the P&E Court.\n- (i) rule 28 ;\n- (ii) rule 28A (1) to (3) and (6) ;\n- (iii) rule 33 (1) , (2) and (5) ;\n- (iv) rule 34 ;\n- (v) rule 35 ;\n- (vi) rule 35B (1) to (4) ; and","sortOrder":81},{"sectionNumber":"sch.1-sec.2","sectionType":"section","heading":"Application of code","content":"### sch.1-sec.2 Application of code\n\nThis code of conduct applies to an expert who is appointed to give opinion evidence, whether orally or in a report, in a P&E Court proceeding.\nRule 33 (3) of these rules requires the expert to comply with the requirements under this code of conduct.","sortOrder":82},{"sectionNumber":"sch.1-sec.3","sectionType":"section","heading":"Interpretation","content":"### sch.1-sec.3 Interpretation\n\nWords and expressions used in part 3 of these rules have the same meaning in this code of conduct as they have in that part.","sortOrder":83},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Duty to comply with orders and directions","content":"# Duty to comply with orders and directions","sortOrder":84},{"sectionNumber":"sch.1-sec.4","sectionType":"section","heading":"Duty to comply with P&E Court’s orders and directions","content":"### sch.1-sec.4 Duty to comply with P&E Court’s orders and directions\n\nThe expert must comply with an order made, or a direction given, by the P&E Court.\nWithout limiting subrule (1) , if the P&E Court makes an order, or gives a direction, requiring 2 or more experts to hold a meeting of experts, the experts must hold the meeting of experts, and prepare a joint report, in compliance with the order or direction.\n(sch.1-sec.4-ssec.1) The expert must comply with an order made, or a direction given, by the P&E Court.\n(sch.1-sec.4-ssec.2) Without limiting subrule (1) , if the P&E Court makes an order, or gives a direction, requiring 2 or more experts to hold a meeting of experts, the experts must hold the meeting of experts, and prepare a joint report, in compliance with the order or direction.","sortOrder":85},{"sectionNumber":"sch.1-pt.3","sectionType":"part","heading":"Meetings of experts and joint reports","content":"# Meetings of experts and joint reports","sortOrder":86},{"sectionNumber":"sch.1-sec.5","sectionType":"section","heading":"Application of part","content":"### sch.1-sec.5 Application of part\n\nThis part applies if the P&E Court makes an order, or gives a direction, requiring 2 or more experts to hold a meeting of experts.","sortOrder":87},{"sectionNumber":"sch.1-sec.6","sectionType":"section","heading":"Meeting of experts and joint report [r 28]","content":"### sch.1-sec.6 Meeting of experts and joint report [r 28]\n\nThe experts attending a meeting of experts must jointly prepare a report in relation to the meeting (a joint report ) that states—\nthe matters, if any, on which the experts agree; and\nthe matters, if any, on which the experts disagree and the reasons for any disagreement.\nIn holding the meeting of experts, and preparing the joint report, the experts—\nmust exercise independent judgement; and\nmust endeavour to reach an agreement on any matter on which they disagree; and\nmust not act on any instruction or request to withhold or avoid reaching an agreement.\nUnless the P&E Court orders or directs otherwise, the experts must—\nhold the meeting of experts in the absence of the active parties to the P&E Court proceeding; and\nprepare the joint report without reference to, or instructions from, the active parties to the P&E Court proceeding.\nRule 24 of these rules provides that, in part 3 of these rules, a reference to an active party to a P&E Court proceeding includes a reference to the active party’s lawyer or agent.\nThe joint report must confirm that—\neach of the experts has read, and agrees to be bound by, the code of conduct; and\nthe factual matters stated in the report are, as far as each of the experts knows, true; and\neach of the experts has made all inquiries considered appropriate; and\nthe opinions stated in the report are genuinely held by each of the experts; and\nthe report contains reference to all matters each of the experts considers significant; and\neach of the experts understands the expert’s duty to the P&E Court and has complied with the duty.\nThe experts must give the joint report to the active parties to the P&E Court proceeding as soon as practicable after the meeting of experts has concluded and, in any case, as ordered or directed by the P&E Court.\nThis rule is subject to rule 7 .\n(sch.1-sec.6-ssec.1) The experts attending a meeting of experts must jointly prepare a report in relation to the meeting (a joint report ) that states— the matters, if any, on which the experts agree; and the matters, if any, on which the experts disagree and the reasons for any disagreement.\n(sch.1-sec.6-ssec.2) In holding the meeting of experts, and preparing the joint report, the experts— must exercise independent judgement; and must endeavour to reach an agreement on any matter on which they disagree; and must not act on any instruction or request to withhold or avoid reaching an agreement.\n(sch.1-sec.6-ssec.3) Unless the P&E Court orders or directs otherwise, the experts must— hold the meeting of experts in the absence of the active parties to the P&E Court proceeding; and prepare the joint report without reference to, or instructions from, the active parties to the P&E Court proceeding. Rule 24 of these rules provides that, in part 3 of these rules, a reference to an active party to a P&E Court proceeding includes a reference to the active party’s lawyer or agent.\n(sch.1-sec.6-ssec.4) The joint report must confirm that— each of the experts has read, and agrees to be bound by, the code of conduct; and the factual matters stated in the report are, as far as each of the experts knows, true; and each of the experts has made all inquiries considered appropriate; and the opinions stated in the report are genuinely held by each of the experts; and the report contains reference to all matters each of the experts considers significant; and each of the experts understands the expert’s duty to the P&E Court and has complied with the duty.\n(sch.1-sec.6-ssec.5) The experts must give the joint report to the active parties to the P&E Court proceeding as soon as practicable after the meeting of experts has concluded and, in any case, as ordered or directed by the P&E Court.\n(sch.1-sec.6-ssec.6) This rule is subject to rule 7 .\n- (a) the matters, if any, on which the experts agree; and\n- (b) the matters, if any, on which the experts disagree and the reasons for any disagreement.\n- (a) must exercise independent judgement; and\n- (b) must endeavour to reach an agreement on any matter on which they disagree; and\n- (c) must not act on any instruction or request to withhold or avoid reaching an agreement.\n- (a) hold the meeting of experts in the absence of the active parties to the P&E Court proceeding; and\n- (b) prepare the joint report without reference to, or instructions from, the active parties to the P&E Court proceeding. Note— Rule 24 of these rules provides that, in part 3 of these rules, a reference to an active party to a P&E Court proceeding includes a reference to the active party’s lawyer or agent.\n- (a) each of the experts has read, and agrees to be bound by, the code of conduct; and\n- (b) the factual matters stated in the report are, as far as each of the experts knows, true; and\n- (c) each of the experts has made all inquiries considered appropriate; and\n- (d) the opinions stated in the report are genuinely held by each of the experts; and\n- (e) the report contains reference to all matters each of the experts considers significant; and\n- (f) each of the experts understands the expert’s duty to the P&E Court and has complied with the duty.","sortOrder":88},{"sectionNumber":"sch.1-sec.7","sectionType":"section","heading":"Permitted communications between experts and active parties [r 28A(1) to (3) and (6)]","content":"### sch.1-sec.7 Permitted communications between experts and active parties [r 28A(1) to (3) and (6)]\n\nAny of the experts may, at any time, participate in a without prejudice conference or mediation under part 5 of these rules involving the active parties to the P&E Court proceeding.\nAlso, any of the experts may, at any time before the joint report is completed, give 1 or more of the active parties to the P&E Court proceeding (each a recipient ) a written notice—\nasking the recipient to respond to a request for information or other inquiry that may assist the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report; or\ninforming the recipient of any matter affecting the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report.\ninforming the active parties of a delay in gathering data for use in the joint report\nHowever, a notice under subrule (2) may be given to an active party to the P&E Court proceeding only if—\nall of the experts agree to the giving of the notice or, if the experts do not agree, the notice states the basis of the disagreement between the experts; and\na copy of the notice is given to all the experts and the other active parties at the same time as the notice is given to the active party.\nIf an active party to the P&E Court proceeding (the requesting party ) requests a conduct report under rule 28A of these rules, the conduct report may be given to the requesting party only if—\nthe conduct report is given not more than 2 business days after the request is received by the experts; and\nall of the experts agree to the giving of the conduct report or, if the experts do not agree, the conduct report states the basis of the disagreement between the experts; and\nthe conduct report is in writing; and\na copy of the conduct report is given to all the other active parties at the same time as the conduct report is given to the requesting party.\n(sch.1-sec.7-ssec.1) Any of the experts may, at any time, participate in a without prejudice conference or mediation under part 5 of these rules involving the active parties to the P&E Court proceeding.\n(sch.1-sec.7-ssec.2) Also, any of the experts may, at any time before the joint report is completed, give 1 or more of the active parties to the P&E Court proceeding (each a recipient ) a written notice— asking the recipient to respond to a request for information or other inquiry that may assist the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report; or informing the recipient of any matter affecting the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report. informing the active parties of a delay in gathering data for use in the joint report\n(sch.1-sec.7-ssec.3) However, a notice under subrule (2) may be given to an active party to the P&E Court proceeding only if— all of the experts agree to the giving of the notice or, if the experts do not agree, the notice states the basis of the disagreement between the experts; and a copy of the notice is given to all the experts and the other active parties at the same time as the notice is given to the active party.\n(sch.1-sec.7-ssec.4) If an active party to the P&E Court proceeding (the requesting party ) requests a conduct report under rule 28A of these rules, the conduct report may be given to the requesting party only if— the conduct report is given not more than 2 business days after the request is received by the experts; and all of the experts agree to the giving of the conduct report or, if the experts do not agree, the conduct report states the basis of the disagreement between the experts; and the conduct report is in writing; and a copy of the conduct report is given to all the other active parties at the same time as the conduct report is given to the requesting party.\n- (a) asking the recipient to respond to a request for information or other inquiry that may assist the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report; or\n- (b) informing the recipient of any matter affecting the proper and timely conduct or conclusion of the meeting of experts or preparation of the joint report. Example for paragraph (b) — informing the active parties of a delay in gathering data for use in the joint report\n- (a) all of the experts agree to the giving of the notice or, if the experts do not agree, the notice states the basis of the disagreement between the experts; and\n- (b) a copy of the notice is given to all the experts and the other active parties at the same time as the notice is given to the active party.\n- (a) the conduct report is given not more than 2 business days after the request is received by the experts; and\n- (b) all of the experts agree to the giving of the conduct report or, if the experts do not agree, the conduct report states the basis of the disagreement between the experts; and\n- (c) the conduct report is in writing; and\n- (d) a copy of the conduct report is given to all the other active parties at the same time as the conduct report is given to the requesting party.","sortOrder":89},{"sectionNumber":"sch.1-pt.4","sectionType":"part","heading":"Giving of evidence by experts and related matters","content":"# Giving of evidence by experts and related matters","sortOrder":90},{"sectionNumber":"sch.1-sec.8","sectionType":"section","heading":"Duty of expert [r 33(1), (2) and (5)]","content":"### sch.1-sec.8 Duty of expert [r 33(1), (2) and (5)]\n\nThe expert has a duty to assist the P&E Court.\nThe expert—\nis not an advocate for an active party to the P&E Court proceeding; and\nmust not accept instructions from any person to adopt or reject a particular opinion.\nThe expert’s duties under this rule override any obligation the expert may have to—\nany active party to the P&E Court proceeding; or\nany person who is liable for the expert’s fees or expenses.\n(sch.1-sec.8-ssec.1) The expert has a duty to assist the P&E Court.\n(sch.1-sec.8-ssec.2) The expert— is not an advocate for an active party to the P&E Court proceeding; and must not accept instructions from any person to adopt or reject a particular opinion.\n(sch.1-sec.8-ssec.3) The expert’s duties under this rule override any obligation the expert may have to— any active party to the P&E Court proceeding; or any person who is liable for the expert’s fees or expenses.\n- (a) is not an advocate for an active party to the P&E Court proceeding; and\n- (b) must not accept instructions from any person to adopt or reject a particular opinion.\n- (a) any active party to the P&E Court proceeding; or\n- (b) any person who is liable for the expert’s fees or expenses.","sortOrder":91},{"sectionNumber":"sch.1-sec.9","sectionType":"section","heading":"Expert must prepare report [r 34]","content":"### sch.1-sec.9 Expert must prepare report [r 34]\n\nThe expert must prepare a report for the hearing of the P&E Court proceeding.\nIf the expert has taken part in a meeting of experts for the P&E Court proceeding—\na joint report prepared in relation to the meeting is taken to be the expert’s report for the hearing of the proceeding; but\nthe expert may prepare a separate report in relation to any issue of disagreement recorded in the joint report.\nHowever, the separate report must not, without the P&E Court’s leave, raise a new matter not already mentioned in the joint report.\n(sch.1-sec.9-ssec.1) The expert must prepare a report for the hearing of the P&E Court proceeding.\n(sch.1-sec.9-ssec.2) If the expert has taken part in a meeting of experts for the P&E Court proceeding— a joint report prepared in relation to the meeting is taken to be the expert’s report for the hearing of the proceeding; but the expert may prepare a separate report in relation to any issue of disagreement recorded in the joint report.\n(sch.1-sec.9-ssec.3) However, the separate report must not, without the P&E Court’s leave, raise a new matter not already mentioned in the joint report.\n- (a) a joint report prepared in relation to the meeting is taken to be the expert’s report for the hearing of the proceeding; but\n- (b) the expert may prepare a separate report in relation to any issue of disagreement recorded in the joint report.","sortOrder":92},{"sectionNumber":"sch.1-sec.10","sectionType":"section","heading":"Requirements for separate report [r 35]","content":"### sch.1-sec.10 Requirements for separate report [r 35]\n\nA separate report prepared by the expert must be addressed to the P&E Court and signed by the expert.\nThe separate report must include the following information—\nthe expert’s qualifications;\nall material facts, whether written or oral, on which the report is based;\nthe expert’s reasons for each opinion expressed in the report;\nreferences to any literature or other material relied on by the expert to prepare the report;\nfor any inspection, examination or experiment conducted, initiated, or relied on by the expert to prepare the report—\na description of what was done; and\nwhether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and\nthe name and qualifications of any other person involved; and\nthe result;\nif there is a range of opinion on matters dealt with in the report—a summary of the range of opinion, and the reasons why the expert adopted a particular opinion;\nif the expert believes the report may be incomplete or inaccurate without a qualification—the qualification;\na summary of the conclusions reached by the expert;\na statement about whether access to any readily ascertainable additional facts would assist the expert in reaching a more reliable conclusion.\nHowever, subrule (2) does not apply to the extent the information is already included in a joint report prepared for the P&E Court proceeding.\nIf the expert believes an opinion expressed in the separate report is not a concluded opinion, the report must state, where the opinion is expressed, the reason for the expert’s belief.\ninsufficient research\ninsufficient data\nThe expert must confirm in the separate report that—\nthe expert has read, and agrees to be bound by, the code of conduct; and\nthe factual matters stated in the report are, as far as the expert knows, true; and\nthe expert has made all inquiries considered appropriate; and\nthe opinions stated in the report are genuinely held by the expert; and\nthe report contains reference to all matters the expert considers significant; and\nthe expert understands the expert’s duty to the P&E Court and has complied with the duty.\n(sch.1-sec.10-ssec.1) A separate report prepared by the expert must be addressed to the P&E Court and signed by the expert.\n(sch.1-sec.10-ssec.2) The separate report must include the following information— the expert’s qualifications; all material facts, whether written or oral, on which the report is based; the expert’s reasons for each opinion expressed in the report; references to any literature or other material relied on by the expert to prepare the report; for any inspection, examination or experiment conducted, initiated, or relied on by the expert to prepare the report— a description of what was done; and whether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and the name and qualifications of any other person involved; and the result; if there is a range of opinion on matters dealt with in the report—a summary of the range of opinion, and the reasons why the expert adopted a particular opinion; if the expert believes the report may be incomplete or inaccurate without a qualification—the qualification; a summary of the conclusions reached by the expert; a statement about whether access to any readily ascertainable additional facts would assist the expert in reaching a more reliable conclusion.\n(sch.1-sec.10-ssec.3) However, subrule (2) does not apply to the extent the information is already included in a joint report prepared for the P&E Court proceeding.\n(sch.1-sec.10-ssec.4) If the expert believes an opinion expressed in the separate report is not a concluded opinion, the report must state, where the opinion is expressed, the reason for the expert’s belief. insufficient research insufficient data\n(sch.1-sec.10-ssec.5) The expert must confirm in the separate report that— the expert has read, and agrees to be bound by, the code of conduct; and the factual matters stated in the report are, as far as the expert knows, true; and the expert has made all inquiries considered appropriate; and the opinions stated in the report are genuinely held by the expert; and the report contains reference to all matters the expert considers significant; and the expert understands the expert’s duty to the P&E Court and has complied with the duty.\n- (a) the expert’s qualifications;\n- (b) all material facts, whether written or oral, on which the report is based;\n- (c) the expert’s reasons for each opinion expressed in the report;\n- (d) references to any literature or other material relied on by the expert to prepare the report;\n- (e) for any inspection, examination or experiment conducted, initiated, or relied on by the expert to prepare the report— (i) a description of what was done; and (ii) whether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and (iii) the name and qualifications of any other person involved; and (iv) the result;\n- (i) a description of what was done; and\n- (ii) whether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and\n- (iii) the name and qualifications of any other person involved; and\n- (iv) the result;\n- (f) if there is a range of opinion on matters dealt with in the report—a summary of the range of opinion, and the reasons why the expert adopted a particular opinion;\n- (g) if the expert believes the report may be incomplete or inaccurate without a qualification—the qualification;\n- (h) a summary of the conclusions reached by the expert;\n- (i) a statement about whether access to any readily ascertainable additional facts would assist the expert in reaching a more reliable conclusion.\n- (i) a description of what was done; and\n- (ii) whether the inspection, examination or experiment was done by the expert or under the expert’s supervision; and\n- (iii) the name and qualifications of any other person involved; and\n- (iv) the result;\n- • insufficient research\n- • insufficient data\n- (a) the expert has read, and agrees to be bound by, the code of conduct; and\n- (b) the factual matters stated in the report are, as far as the expert knows, true; and\n- (c) the expert has made all inquiries considered appropriate; and\n- (d) the opinions stated in the report are genuinely held by the expert; and\n- (e) the report contains reference to all matters the expert considers significant; and\n- (f) the expert understands the expert’s duty to the P&E Court and has complied with the duty.","sortOrder":93},{"sectionNumber":"sch.1-sec.11","sectionType":"section","heading":"Supplementary report following change of opinion [r 35B(1) to (4)]","content":"### sch.1-sec.11 Supplementary report following change of opinion [r 35B(1) to (4)]\n\nSubrule (2) applies if the expert changes, in a material way, an opinion included in a report prepared for the P&E Court proceeding (an earlier report ).\nUnless the expert knows the P&E Court proceeding has ended, the expert must, as soon as practicable after the change of opinion, give written notice of the change of opinion, and the reason for the change, to the active party who appointed the expert.\nIf the earlier report has been given under rule 28 of these rules or served under part 3 , division 4 of these rules, the active party who appointed the expert must, as soon as practicable after receiving the notice—\nobtain a further report from the expert (a supplementary report ) that—\nstates the change of opinion and the reason for the change; and\notherwise complies with rule 10 ; and\nserve a copy of the supplementary report on each other active party to the P&E Court proceeding; and\napply to the P&E Court for an order or directions about the supplementary report.\nFor subrule (3) (a) (ii) , the supplementary report may, to the extent necessary, comply with rule 10 by incorporating by reference parts of the earlier report.\n(sch.1-sec.11-ssec.1) Subrule (2) applies if the expert changes, in a material way, an opinion included in a report prepared for the P&E Court proceeding (an earlier report ).\n(sch.1-sec.11-ssec.2) Unless the expert knows the P&E Court proceeding has ended, the expert must, as soon as practicable after the change of opinion, give written notice of the change of opinion, and the reason for the change, to the active party who appointed the expert.\n(sch.1-sec.11-ssec.3) If the earlier report has been given under rule 28 of these rules or served under part 3 , division 4 of these rules, the active party who appointed the expert must, as soon as practicable after receiving the notice— obtain a further report from the expert (a supplementary report ) that— states the change of opinion and the reason for the change; and otherwise complies with rule 10 ; and serve a copy of the supplementary report on each other active party to the P&E Court proceeding; and apply to the P&E Court for an order or directions about the supplementary report.\n(sch.1-sec.11-ssec.4) For subrule (3) (a) (ii) , the supplementary report may, to the extent necessary, comply with rule 10 by incorporating by reference parts of the earlier report.\n- (a) obtain a further report from the expert (a supplementary report ) that— (i) states the change of opinion and the reason for the change; and (ii) otherwise complies with rule 10 ; and\n- (i) states the change of opinion and the reason for the change; and\n- (ii) otherwise complies with rule 10 ; and\n- (b) serve a copy of the supplementary report on each other active party to the P&E Court proceeding; and\n- (c) apply to the P&E Court for an order or directions about the supplementary report.\n- (i) states the change of opinion and the reason for the change; and\n- (ii) otherwise complies with rule 10 ; and","sortOrder":94}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3811},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"While the 2018 Rules have been substantially amended—particularly in 2022 to overhaul expert evidence procedures and add Part 5A (Costs), and in 2024 to add Part 6A (Copying and inspection of documents)—these additions represent an evolution within the original scope of providing comprehensive procedural rules for the Planning and Environment Court. They do not represent a fundamental shift into new regulatory territories (such as substantive planning law or criminal procedure), but rather a deepening of the court's case management and evidentiary frameworks."},"complexity_factors":["Extensive cross-referencing to external legislation (Planning Act, Planning and Environment Court Act 2016, Evidence Act 1977, and Uniform Civil Procedure Rules 1999).","Nested definitional structure requiring reference to Schedule 2 (dictionary) and Rule 23 definitions for terms like 'active party' and 'meeting of experts'.","Detailed prescriptive regime for expert evidence (Part 3 and Schedule 1) with multiple conditional steps: joint reports, separate reports, supplementary reports, and 'conduct reports'.","Conditional logic and exceptions throughout, e.g., fallback to District Court rules if P&E Rules are silent (Rule 4); exceptions for urgent without-notice proceedings (Rule 19); disapplication of evidence rules (Rule 25).","Deeply nested subordinate numbering (e.g., Rule 20(5)(c)(vii)(A)) creating dense conditional pathways for case management orders.","Duplication of obligations between Part 3 (Evidence) and Schedule 1 (Code of Conduct) requiring cross-reading to determine expert duties."],"plain_english_summary":"These are the **Planning and Environment Court Rules 2018** (Queensland)—the procedural rulebook for how planning and environment disputes are run in the P&E Court.\n\n**What the Court does**\nThe Planning and Environment Court hears fights about development approvals, planning schemes, and environmental decisions. Think: a developer appealing a council refusal, neighbours challenging a skyscraper, or the government enforcing environmental laws.\n\n**What these rules cover**\n\n*   **Starting a case**: You must file specific documents—an “originating application” (for general disputes) or a “notice of appeal” (for challenging council decisions). These must state exactly what relief you want (e.g., “approve the development”) and the grounds.\n*   **Addresses and service**: Parties must provide an “address for service” (a formal address where legal documents can be delivered) and contact details. Any changes must be filed and served on everyone else.\n*   **Case management**: The court has broad powers to give directions to keep cases moving—setting timetables, limiting how many witnesses you can call, capping hearing time, or ordering “without prejudice” conferences (confidential settlement talks) and mediation.\n*   **Expert witnesses**: This is a heavy focus. Experts (e.g., town planners, engineers, ecologists) must follow a strict **Code of Conduct** (Schedule 1). They are not hired guns; their primary duty is to help the court, not the party paying them. Key requirements include:\n    *   **Meetings of experts**: They must meet together (usually without lawyers) to produce a “joint report” stating what they agree on and what they disagree on, and why.\n    *   **Independence**: They cannot accept instructions to adopt a particular opinion.\n    *   **Supplementary reports**: If an expert changes their mind materially, they must file a supplementary report explaining why.\n    *   **Limits on evidence**: Generally, only one expert per area of expertise is allowed per party, unless the court gives leave (permission).\n*   **Evidence rules**: The court can relax strict rules of evidence (e.g., formal proof of documents) if following them would cause unnecessary expense or delay.\n*   **Access to documents**: Specific rules on how people can inspect or get copies of filed documents (Part 6A).\n\n**Why it matters**\nIf you are a developer, council, government agency, or community group member fighting over a planning decision, these rules dictate your deadlines, how you must prepare your evidence, and how you can settle. They aim to stop “trial by ambush” and keep the process efficient, transparent, and fair."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The rules remain a procedural instrument governing how P&E Court matters are run. Recent amendments add detail (notably a comprehensive code and procedures for expert meetings and joint reports, and updated document access/search provisions), but these are refinements of court process rather than an expansion beyond the court’s procedural remit. In short, the scope (procedural regulation of P&E Court practice) is unchanged; the instrument has been elaborated and made more prescriptive in key areas (expert evidence, ADR, document access)."},"complexity_factors":["Multiple cross‑references to the Planning Act, the P&E Court Act provisions and the Uniform Civil Procedure Rules (creates dependencies and conditional application)","Detailed, layered expert‑evidence regime (definitions, code of conduct in schedule 1, joint reports, separate and supplementary reports, notice procedures and limits on oral evidence)","Numerous timelines with business‑day counting and different time windows (10 business days for entries/filings, 2 business days for serving applications, 14 days after service for discontinuance objections, 3 months for onus party to seek directions)","Significant judicial discretion and catch‑all directions (r 5, r 20) producing many conditional branches and exceptions","Multiple ADR pathways and roles for ADR registrars/mediators (case management conferences, without‑prejudice conferences, mediations) with attendance and representation conditions","Exceptions that exclude or modify general rules (e.g., evidence rules may be relaxed r 25; Uniform Civil Procedure Rules provisions disapplied r 46A and r 47A; District Court rules apply where silent r 4)","Nested admissibility conditions (e.g., meetings of experts admissions admissible only if all parties agree but joint reports remain admissible)","Recent insertions and amendments across years (2019, 2022, 2024) expanding the instrument’s text and adding document‑access provisions, increasing cross‑version complexity"],"plain_english_summary":"**What these rules do (mechanics)**\n\n- The Planning and Environment Court Rules 2018 set the step-by-step procedural rules for cases in the Planning & Environment (P&E) Court. They tell people how to start a case, what must be on court forms, where to file and serve documents, timeframes for filing and responding, how applications are heard, and what powers the court has to manage proceedings (see rules 6–21, 38–40).\n\n- They give the court broad case‑management powers to shape how a matter is conducted — for example, to identify issues early, limit witnesses or hearing time, require particular evidence formats, order expert meetings and joint reports, and require ADR (alternative dispute resolution) steps such as mediation (see rule 20 and the list of directions in r 20(5); rules 26–28; rules 43–45A).\n\n- The rules create a detailed regime for expert evidence: how experts must meet and prepare a joint report, what must be in individual expert reports, the expert’s duty to the court (not to act as an advocate), communications allowed between experts and parties, how changes of opinion must be notified, limits on calling multiple experts, and limits on repeating report material in evidence (see rules 23, 26–36 and schedule 1 (code of conduct)).\n\n- The court may relax strict rules of evidence where strict proof would cause unreasonable expense or delay (r 25). The court may hear urgent applications without notice if appropriate (r 19). The P&E Court may also apply District Court rules where the P&E rules are silent (r 4).\n\n- There are procedural rules about filing and access to court documents, including who may obtain copies and paid searches (rr 47A–47C as recently inserted).\n\n**Who is affected (practical parties)**\n\n- Applicants, appellants, respondents, co‑respondents and other parties to P&E Court proceedings. The rules treat lawyers, agents and self‑represented parties differently in relation to which contact and address details must be supplied (r 10).\n\n- Experts engaged by parties: the rules impose obligations on experts (duty to the court, report contents, joint meeting procedures) and on the parties who appoint them (must give experts the code of conduct; must not tell experts to adopt or reject particular opinions) (rr 32–35; schedule 1).\n\n- ADR registrars, mediators and the court registry: they are given functions to convene and chair case management conferences, expert meetings, mediations and without‑prejudice conferences (rr 26, 43–45A).\n\n**Why it matters (purpose and practical effects)**\n\n- The stated purpose is procedural: to promote efficient, fair and cost‑effective resolution of planning and environment disputes by giving the court active case‑management tools and by improving how expert evidence is produced and presented (see r 20; part 3 and schedule 1).\n\n- Effects on behaviour and transaction costs:\n  - Parties must assemble more structured, court‑ready expert material (joint reports, written reports with specified content), and comply with fixed timelines for filing and service. That increases upfront compliance work and may raise expert and legal costs before hearing (rr 28, 34–35, 35A, 12, 14–15).\n  - At the same time, the joint expert process, limits on duplicative expert witnesses (r 36), and the court’s power to confine issues (r 20) are intended to reduce duplication at hearing and shorten hearing time — a potential offset to upfront costs.\n  - The expert’s statutory duty to the court and the rule that this duty overrides obligations to the party or fee‑payer (r 33(5)) changes incentives for experts: it narrows scope for partisan testimony but may affect experts’ willingness to accept instructions or the terms on which they do so.\n  - Court discretion (wide list in r 20 and power to waive or excuse compliance in r 5) increases flexibility to deal with case‑specific realities, but creates some unpredictability about process for participants.\n\n**Concrete who/what changes**\n- Who pays: parties ordinarily pay their chosen experts and the costs of filing and service; the rules require parties to provide experts with the code of conduct and information to prepare (rr 32–33, 27). The rules also require payment of prescribed fees for copies/searches (rr 47B–47C).\n- Who decides: the P&E Court (judges and registrars) control hearings, orders and directions; ADR registrars/mediators have an active role in convening case management, expert meetings and ADR (rr 20, 26, 43–45A).\n- Behaviour changed: parties will plan earlier to narrow issues, prepare and exchange expert reports to the format required, participate in expert meetings and ADR when ordered, and expect case management interventions.\n\n**Trade‑offs, incentives and implementation risks**\n- Trade‑offs: the rules trade increased front‑loaded process and compliance (time and cost to prepare mandated reports and attend meetings) against likely reductions in hearing length and duplicated expert evidence. Whether net costs fall or rise depends on the case (number of experts, complexity, whether parties settle after ADR).\n\n- Incentives and strategic effects:\n  - The joint expert meeting mechanism encourages experts to find common ground and narrows contested issues; it also creates incentives for parties to select experts who are credible and willing to reach reasoned consensus.\n  - Limits on the number of experts and restrictions on repeating report content in oral evidence constrain advocacy strategies and may discourage parties from retaining multiple specialists for the same field (r 36; r 35C).\n\n- Implementation risks:\n  - Administrative capacity: the court and ADR registrars must manage more convened meetings, joint report processes and document handling — a resource and scheduling load.\n  - Small or self‑represented parties may face disproportionate burdens from the procedural and expert requirements (timely service, technical expert reports, strict timelines).\n\n**Net practical effect**\n- These rules keep the P&E Court within expected procedural boundaries but add a detailed, compulsory‑style framework for expert evidence and stronger case management. Parties should expect more prescriptive pre‑hearing steps (expert meetings, reporting, ADR) and the court to actively shape how hearings proceed. The changes are procedural and organisational rather than expanding the court’s substantive jurisdiction."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"The rules remain focused on their original purpose: governing procedural and evidentiary matters in Queensland Planning and Environment Court proceedings. The 2019 and 2022 amendments expanded and refined the expert evidence framework (adding mediation, a formal code of conduct, supplementary reports, and permitted expert communications) but did not depart from the core procedural rulebook intent."},"complexity_factors":["Multiple interconnected procedural stages each with different deadlines and requirements","Detailed expert evidence regime with specific duties, report formats, and meeting procedures","Layered cross-references to external legislation (Planning Act, Evidence Act 1977, Uniform Civil Procedure Rules 1999)","Distinct rules for different participant types (self-represented parties, lawyers, agents, experts, ADR registrars)","Complex permitted communications framework between experts and active parties during expert meetings (rule 28A)","Supplementary report obligations triggered by change of expert opinion","Multiple ADR process types (case management conference, without prejudice conference, mediation) with overlapping but distinct rules","Rules amended in 2019 and 2022 creating a patchwork of original and inserted provisions","Distinction between 'active parties', 'parties by election', 'respondents' and 'co-respondents' adds definitional complexity","Code of conduct for experts (schedule 1) adds a further layer of obligations not fully reproduced in the main rules"],"plain_english_summary":"These rules are the procedural handbook for Queensland’s Planning and Environment Court, governing how planning, development and environmental disputes are started, managed, evidenced and resolved. They affect developers, landowners, councils, objectors, lawyers and expert witnesses.\n\nThey set timelines, evidence procedures (including a strict expert Code of Conduct and joint reporting), encourage early settlement through ADR, and allow the court flexibility to excuse non‑compliance. Missing steps or deadlines can seriously affect your case."}},"importantCases":[],"_links":{"self":"/api/acts/planning-and-environment-court-rules-2018","history":"/api/acts/planning-and-environment-court-rules-2018/history","analysis":"/api/acts/planning-and-environment-court-rules-2018/analysis","conflicts":"/api/acts/planning-and-environment-court-rules-2018/conflicts","importantCases":"/api/acts/planning-and-environment-court-rules-2018/important-cases","documents":"/api/acts/planning-and-environment-court-rules-2018/documents"}}