sec.20P&E Court may make orders and give directions

sec.20 P&E Court may make orders and give directions

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. 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. 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. 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. 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. 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. r 20 amd 2022 SL No. 18 s 5 (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. (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. (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. (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. (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. (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.