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Planning & Environment Court announce new practice direction and Brisbane processes for 2021

In 2021, the Planning & Environment Court will be implementing changes for directions hearings, reviews and applications in Brisbane.

The Court will be introducing a number of applications weeks in the 2021 calendar, where a judge will sit to hear Planning and Environment Court applications (including reviews / mentions) on each day.  

New Practice Direction 2 of 2020 will repeal and replace Practice Direction 1 of 2019. 

Changes to paragraph 19 recognise that the usual practice in relation to appearances is subject to the temporary arrangements put in place due to COVID-19.

Changes to paragraph 12 reflect the new Brisbane process, by providing that in Brisbane from 2021, a lengthy application, review or mention will ordinarily be considered for a hearing during an applications week. 

At present, the Court currently has no designated applications weeks and judges have presided over directions hearings, reviews and applications at 9.15am, prior to the commencement or resumption of the hearing of other matters at 10am.  It is not expected that the provision of applications weeks will eliminate the need for some matters to be heard, from 9.15am, in other weeks.

It is anticipated, however, that it will:

  • obviate the need for listings prior to 10am in the applications weeks;
  • obviate the need for applications/reviews/mentions to be heard on Monday or Tuesday mornings in any other week;
  • obviate the need for listings of such matters on Thursdays in those months where there are two applications weeks;
  • allow for a moderation of the currently greater number of matters listed at 9.15am on Friday mornings.

The Court will keep the new arrangements under review with a view to making adjustments where necessary.

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