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ARTICLE · 21 MAY 2018

Getting ahead of the pack: the case for an expedited hearing

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Any applicant seeking a grant of expedition needs to satisfy the Court that their matter meets this requisite criteria.

AustraliaLitigation, Mediation & Arbitration
Breellen Warry
Breellen Warry
Peter Holt
Peter Holt
Georgia Appleby
Georgia Appleby
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Applicants often ask whether the case can be made to bring forward the hearing date.

This article looks at the recent decisions of the Court in TC (Tallwoods) Pty Ltd v Liverpool City Council [2018] NSWLEC 48 (Tallwoods) and TC (Tallwoods) Pty Ltd v Liverpool City Council (No 2) [2018] NSWLEC 60 (Tallwoods No 2).

The case for an expedited hearing

There is no express power authorising the Court to make orders for expedition under the Civil Procedure Act 2005, the Uniform Civil Procedure Rules 2005, the Land and Environment Court Act 1979 or the Land and Environment Court Rules 2007.

Instead, the Court relies on its general powers under the Civil Procedure Act 2005 to make such directions as it thinks fit for the speedy determination of the real issues between the parties, and for the just, quick and cheap disposal of proceedings. Some parties will attempt to use these powers to get their matter heard faster than standard practice generally allows.i

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