Land and Environment Court of NSW

Mining cases - Preparing for the first hearing

Directions hearings are conducted for the purpose of preparing mining matters for a final hearing or other means of resolution, such as by mediation.  The Court will make directions for the identification of the issues in dispute, the disclosure of and access to documents and information, the preparation and exchange of evidence, including expert evidence, and the preparation and exchange of submissions explaining each party’s case and arguments.  Information is available on directions hearings at Class 8 Directions Hearings – what they do.

To prepare for the first directions hearing and to enable the Court to make appropriate directions at the first directions hearing, the parties need to take certain steps before the first directions hearing.

Who  Description
BOTH

Consider whether pleadings should be directed

If the proceedings have been commenced by summons, the parties should consider whether, having regard to the issues likely to be raised and the likely extent of dispute of facts, the Court should direct pleadings in the form of points of claim, points of defence, and points of reply.

BOTH 

For judicial review proceedings, complete steps for Class 4 proceedings

For proceedings in the nature of judicial review, the parties should undertake the steps before the first directions hearing stated for judicial review proceedings in Class 4 – civil enforcement and judicial review and in the Practice Note – Class 4 Proceedings.

BOTH

Discuss and agree on directions

The parties are to discuss and endeavour to agree upon the directions which the Court should make at the first directions hearing. If the parties do not agree, each party should prepare their own version of the directions they propose.

BOTH 

Consider mediation

The parties are to consider whether the matter is suitable, and whether the parties are willing, for the matter to be mediated by a court-appointed mediator.

Last updated:

08 May 2023

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