Will Justice Be Served If Losers Pay In Planning & Environment Appeals?

The Queensland Government proposes to fundamentally shift the costs provisions in the State's Planning & Environment Court. Under the reforms, losing parties in an appeal will pay both their own costs and those of the winners.

This fundamental departure from the Court's traditional approach, where each party to an appeal pays their own costs, makes sense for some circumstances; however the real losers may be local governments and community groups.

The change is part of the Government's reforms to the Sustainable Planning Act 2009 contained in the Sustainable Planning and Other Legislation Amendment (SPOLA) Bill.

Essentially, the provisions would bring the P&E Court in line with the usual rule in civil litigation that the losing party pays the winning party's costs.