Class 2 and 3: Strata Scheme Development Proceedings

To find out how cases under the Strata Schemes Development Act 2015 (NSW) in Classes 2 and 3 are started and dealt with by the Land and Environment Court, click on the below link:

Various proceedings can be brought to the Land and Environment Court under the Strata Schemes Development Act 2015 (NSW).

They include:

In Class 2 of the Court's jurisdiction:

• Appeals following an application for a strata certificate (s 66 of the Strata Schemes Development Act 2015)
• Appeals following the refusal by a planning authority of amendments to a strata development contracts (s 85 of the Strata Schemes Development Act 2015)
• Proceedings for an amendment of a strata development contract not supported by resolution of the owners corporation (s 86 of the Strata Schemes Development Act 2015)
• Proceedings for the extension or conclusion of a development scheme (s 92 of the Strata Schemes Development Act 2015)​

In Class 3 of the Court's jurisdiction:

• Application for an order giving effect to a strata renewal plan for collective sale or redevelopment (s 179 of the Strata Schemes Development Act 2015)

Practice and procedure

The Court has published a formal document that sets out the process and requirements for Strata Development Act proceedings.  This is called the Practice Note – Strata Schemes Development Proceedings. (PDF , 115.5 KB)

The Practice Note explains the steps that need to be undertaken before the first directions hearing, at the first directions hearing, at conciliation, before and at the final hearing, and the evidence that might be given at the hearing.

In 2019, four strata scheme matters were finalised