The Planning and Environment Court is a specialised court constituted by judges of the District Court. Parties involved in proceedings may appear personally or by lawyer or other agent. The Court has discretion to make an order requiring a party to pay another party's costs, having regard to various matters including the relative success of the parties and the conduct of the parties.
Alternative dispute resolution (ADR) is available in Planning and Environment Court proceedings. The Court's ADR Registrar is available to conduct dispute resolution processes, including mediations. If the proceeding is resolved during or soon after a dispute resolution process, each party pays its own costs unless the Court orders otherwise.
The Court can also direct the ADR registrar to hear and decide a proceeding with as little formality and technicality as is fair and appropriate. If the ADR registrar decides the proceeding, each party pays its own costs.
Electronic service for Planning and Environment Court proceedings
The Sustainable Planning Act 2009 (SPA) requires written notice of certain Planning and Environment Court proceedings to be given to the Chief Executive of SPA, being the Director General of the Department of Infrastructure, Local Government and Planning. Similarly, service on the Chief Executive of SPA is also required where the State Assessment and Referral Agency was either the assessment manager or a concurrence agency.
An automated response email will be sent acknowledging receipt of the notice, which will assist with affidavits of service. If there are any errors with the service, the department will issue a follow up email seeking corrections.
For further information about the Planning and Environment Court, view the: