By John Taberner and Cristy Clark
Introduction
The Chief Judge of the Land and Environment Court, Justice Peter McClellan, has announced a number of changes to court procedure in relation to Class One matters. The measures are all designed to ensure an efficient decision-making process, and relate primarily to case management, expert evidence, cross-examination and costs orders.
Case management
Under the new rules, provision will be made for the case management of complex Class One proceedings. Parties will be required to inform the registrar on the first return date or as soon thereafter as appropriate whether the matter is suitable for case management, and the Court will also have the power to refer the matter for case management even if the parties do not agree. The primary object of case management is to identify the real issues in dispute and lay out a blue print for the hearing which ensures that those issues are resolved as efficiently as possible.
