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The various types of appeals, objections, applications and proceedings involving merits review of decisions of local and State government authorities that can be brought to the Land and Environment Court are described in ss 17, 18 and 19 of the Land and Environment Court Act 1979 (the Court Act). These sections of the Court Act correspond to Classes 1, 2 and 3 of the Court’s jurisdiction, respectively.
The term miscellaneous appeals is used by the Court to describe the appeals discussed in these pages.
The Court has published a formal document that sets out the process and requirements for miscellaneous appeals. This is called the Practice Note – Class 1, 2 and 3 Miscellaneous Appeals (PDF , 118.7 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.
Appellants will need to check the law under which the original decision was made to find out:
It may help to obtain legal advice about the particular circumstances of the case. Sections 17, 18 and 19 of the Court Act indicate the legislation (and the relevant part or section of that legislation) under which an appeal can be lodged in the Land and Environment Court.
For links to useful Court information and documents, legislation and case studies relating to miscellaneous appeals, see: Helpful materials.
08 May 2023
We acknowledge the traditional owners and custodians of the land on which we work and we pay respect to the Elders, past, present and future.