Planning and Environment Court Rules 2018

These rules may be cited as the Planning and Environment Court Rules 2018.

These rules commence on 4 July 2018.

The dictionary in schedule 2 defines particular words used in these rules.

These rules apply to a P&E Court proceeding.

If these rules do not provide for a matter in relation to a P&E Court proceeding and the rules applying in the District Court would provide for the matter in relation to a proceeding in the District Court, the rules applying in the District Court apply for the matter in the P&E Court with necessary changes.

Notes—

1 Under section 13(4) of the Act, the rules may be uniform rules that apply to other courts.

2 See section 14(5) of the Act for when an order or direction of the P&E Court, or a direction of the Chief Judge, prevails over these rules.

The P&E Court may—

waive compliance with a provision of these rules if the court considers compliance would be likely to cause injustice, unreasonable expense or inconvenience or otherwise considers waiving compliance appropriate; or

excuse noncompliance with a provision of these rules; or

impose appropriate sanctions if a party to a P&E Court proceeding does not comply with these rules or an order of the court.Example for paragraph (c)—

The P&E Court may dismiss a P&E Court proceeding if a party to the proceeding fails to proceed as required by these rules or an order of the court.

A P&E Court proceeding, other than an appeal, is started by filing an originating application.Example of a P&E Court proceeding started by an originating application—

a declaratory proceedingNote—

For starting a Planning Act appeal, see the Planning Act, section 230.

A P&E Court proceeding may be started in any registry of the P&E Court.

Note—

For the registries of the P&E Court, see section 68 of the Act.

An originating application must name as a respondent the entity directly affected by the relief sought.

A notice of appeal must name as a respondent or co-respondent the entity that is the respondent or co-respondent under an Act.

The originating process for a P&E Court proceeding must state—

the orders or other relief sought in the proceeding; and

the grounds on which the orders or other relief are sought.

An applicant or appellant intending to act personally must ensure all of the following details are stated on the originating process before it is filed—

the residential or business address of the applicant or appellant;

if the address stated under paragraph (a) is not in Queensland—an address in Queensland where documents may be served on the applicant or appellant;

the telephone number, if any, of the applicant or appellant;

if the applicant or appellant does not have a telephone number—a way of contacting the applicant or appellant by telephone;

the email address, if any, of the applicant or appellant;

the fax number, if any, of the applicant or appellant.

A lawyer or agent acting for an applicant or appellant must ensure all of the following details are stated on the originating process before it is filed—

the residential or business address of the applicant or appellant;

the name of the lawyer or agent and, if the lawyer or agent practises in a firm, the name of the firm;

the address of the place of business of the lawyer or agent;

if the address stated under paragraph (c) is not the applicant’s or appellant’s address for service or is not an address in Queensland—an address for service in Queensland including, for example, an address approved by the P&E Court as the address for service;

the telephone number of the lawyer or agent;

the email address of the lawyer or agent;

the fax number, if any, of the lawyer or agent.

If the lawyer or agent, or the lawyer’s or agent’s firm, is a member of an approved document exchange, the lawyer or agent may include the document exchange address with the details required under subrule (2).

Notice of any change in an applicant’s or appellant’s address for service must be filed and served on each other party to the P&E Court proceeding.

The address for service of an applicant or appellant is—

for an applicant or appellant acting personally—

if the applicant or appellant is required to state an address under subrule (1)(b)—that address; or

otherwise—the address stated under subrule (1)(a); or

for an applicant or appellant for whom a lawyer or agent acts—

if an address is stated under subrule (2)(d)—that address; or

otherwise—the address stated under subrule (2)(c).

In this rule—

approved document exchange means a document exchange approved under the Uniform Civil Procedure Rules 1999, rule 102.

The applicant or appellant, or the applicant’s or appellant’s lawyer or agent, must sign the originating process.

Unless the P&E Court otherwise orders under rule 19, an applicant must, within 10 business days after filing the originating application, serve a copy of the application on each other party to the P&E Court proceeding.

Note—

For the requirement to serve a copy of a notice of appeal under the Planning Act to other parties, see the Planning Act, section 230.