Land Court introduces new versions of the Model Directions
20 December 2022
The Court then issued a further set of new Model Directions, version 2.4, in December 2022.
The Court expects parties to use the Model Directions when proposing directions.
The key changes from each update against the previous version 2.2 of the Model Directions are summarised below.
Versions 2.3 and 2.4 introduced changes to the model directions relating to the case management of land valuation appeals. For appeals against a valuation of more than $5 million, the Registry will issue standard directions as soon as practicable after the appeal is filed. A party may request a directions hearing if it proposes case-specific directions.
If the parties do not intend to call expert evidence in a land valuation appeal, then parties are directed to use a set of "fast track directions". Otherwise, the standard directions will apply. This is consistent with the Court's Practice Direction 1 of 2021, which outlines the process for appeals under the Land Valuation Act 2010.
New model costs directions have been included in version 2.3 and significantly updated in version 2.4. The new model directions, from version 2.4, provide for:
Requests to adjourn a directions hearing or review must now be made no later than midday on the business day before the case is set for the directions hearing or review.
The deadline was previously 4:00pm at least two business days before the directions hearing or review.
The Model Directions no longer state that the parties may be given an indication of which Member will be allocated to hear the matter at the time it is listed.
The model directions relating to hearing arrangements have been amended as follows:
Other changes include:
The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
Readers should take legal advice before applying it to specific issues or transactions.