Planning and Environment Court Act 2016
sec.38What happens if P&E Court judge or ADR registrar dies or is incapacitated
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sec.38 What happens if P&E Court judge or ADR registrar dies or is incapacitated
Subsection (2) applies if, after starting to hear a P&E Court proceeding, the P&E Court judge presiding (the first judge ) dies or can not continue with the proceeding for any reason, including, for example, absence or illness. Another P&E Court judge may— after consulting the parties— order the proceeding be reheard; or adjourn the proceeding to allow the first judge to continue dealing with the proceeding when able; or with the parties’ consent, make an order about— deciding the proceeding; or completing the hearing of, and deciding, the proceeding. If, after starting to perform functions for a P&E Court proceeding, an ADR registrar dies or can not continue with the proceeding for any reason, the proceeding is to be dealt with in the way the P&E Court considers appropriate. (sec.38-ssec.1) Subsection (2) applies if, after starting to hear a P&E Court proceeding, the P&E Court judge presiding (the first judge ) dies or can not continue with the proceeding for any reason, including, for example, absence or illness. (sec.38-ssec.2) Another P&E Court judge may— after consulting the parties— order the proceeding be reheard; or adjourn the proceeding to allow the first judge to continue dealing with the proceeding when able; or with the parties’ consent, make an order about— deciding the proceeding; or completing the hearing of, and deciding, the proceeding. (sec.38-ssec.3) If, after starting to perform functions for a P&E Court proceeding, an ADR registrar dies or can not continue with the proceeding for any reason, the proceeding is to be dealt with in the way the P&E Court considers appropriate.
- (a) after consulting the parties— (i) order the proceeding be reheard; or (ii) adjourn the proceeding to allow the first judge to continue dealing with the proceeding when able; or
- (i) order the proceeding be reheard; or
- (ii) adjourn the proceeding to allow the first judge to continue dealing with the proceeding when able; or
- (b) with the parties’ consent, make an order about— (i) deciding the proceeding; or (ii) completing the hearing of, and deciding, the proceeding.
- (i) deciding the proceeding; or
- (ii) completing the hearing of, and deciding, the proceeding.
- (i) order the proceeding be reheard; or
- (ii) adjourn the proceeding to allow the first judge to continue dealing with the proceeding when able; or
- (i) deciding the proceeding; or
- (ii) completing the hearing of, and deciding, the proceeding.