Planning and Environment Court Rules 2018

A P&E Court proceeding must be heard in the P&E Court sitting at the place where the originating process for the proceeding is filed (the first place).

However, the P&E Court proceeding, or part of it, may be heard in the P&E Court sitting at another place (the other place) if—

the court orders the proceeding or part be heard in the court sitting at the other place; or

an affidavit (an affidavit of consent) is filed at the first place evidencing the consent of all the active parties to the proceeding that the proceeding or part be heard in the court sitting at the other place.

An application for an order under subrule (2)(a) must be made to the P&E Court sitting at the first place.

The application must be heard in the P&E Court sitting at the first place unless no judge of the court is available to hear the application returnable in the court sitting at the first place on the day the applicant seeks to be heard on the application.

If, under subrule (2), the P&E Court proceeding or part is not to be heard in the P&E Court sitting at the first place, the registrar of the court sitting at the first place must, immediately on the order being made or the affidavit of consent being filed—

give the registrar of the court sitting at the other place copies of all documents in the proceeding filed in the court sitting at the first place and necessary for the hearing; and

give the active parties to the proceeding written notice of the transfer to the court sitting at the other place.