Common questions
Planning and Environment Court - civil
Can I represent myself in the Planning and Environment (P&E) Court?
Yes, you can represent yourself in the P&E Court or you can be represented by a lawyer or by an agent who is not a lawyer. For example, where a group of residents start an appeal or elect to become parties to an appeal, they will often appoint one resident, who is not a lawyer, to represent the whole group, as their agent. However, you may wish to consult a lawyer about whether you have valid grounds of appeal, the steps you will need to take and the time limits for taking them. This is a good idea even if you plan to conduct an appeal yourself or through an agent who is not a lawyer.
If you choose to bring the case to court and act for yourself, you will need to do your own investigation, research and preparation and must be available to attend court when required. This can be time-consuming.
Who is a party?
A party is any individual or organisation that has filed a Notice of appeal, an Originating application, an Entry of appearance or a Notice of election to co-respond.
Property developers, local councils and other government bodies, businesses, home owners or residents that are affected by the case may become a party to proceedings in the P&E Court.
What is a directions hearing?
A directions hearing is where the judge gives directions for the future conduct of the proceedings. A directions hearing is usually the first time you will be required to appear before the P&E Court. In person appearances by telephone may be arranged with the Judge’s Associate before 9:00am on the day of the hearing.
At the directions hearing the judge will usually allocate a date for the final hearing.
What is a directions order?
A directions order is issued by the court and sets out a timetable and the steps the parties must take to prepare the case for the final hearing.
Parties are expected to comply with a directions order and and be prepared for the final hearing.
What is a review?
A review takes place a few weeks before the final hearing and is an opportunity for the court to check on the progress of the case.
At the review the parties are expected to tell the court:
- whether there has been compliance with the directions order
- whether the case will be ready for the court hearing
- any other relevant information to do with the case.
If the parties have failed to comply with the timetable and steps set out in the directions order the case may be listed for further review to check its progress.
Other reviews may occur if:
- a dispute arises between the directions hearing and the callover
- a party makes an application to the court.
If disputes arise during the preparation for trial, the parties are encouraged to come back to the court by way of review to allow early resolution of the dispute with the intention to avoid delays to the timetable.
What is a callover?
A callover is the final review of a case. It happens approximately two weeks before the final hearing and at this hearing the court allocates specific dates for hearing.
Does the P&E Court sit outside of Brisbane?
The P&E Court hears cases in Brisbane and other locations in Queensland including, but not limited to, Southport, Maroochydore, Rockhampton, Townsville and Cairns.
The Brisbane P&E Court often hears matters outside the Brisbane area. Judges based in other major centres (Cairns, Rockhampton, Townsville etc.) also hear matters in places other than those courts.
Wherever possible, the P&E Court ensures that local residents are given a chance to observe the proceedings which affect their community.
If necessary, the court will conduct at least part of the hearing in a courtroom (or other suitable premises) near the disputed land or building.
If your case is in this category, it would assist the court if you raise the question of sitting away from Brisbane early in the proceeding, for example at the directions hearing.
How can I search files or copy documents?
You can use the Queensland Courts website to search P&E Court files online instead of visiting the registry counter.
Copies of files held in Brisbane can be downloaded or printed using the eFiles system.
Copies of documents from files held outside of Brisbane must be obtained from a courthouse registry and cannot be viewed online. Court staff cannot provide details of files or lodged court documents over the telephone.
How much will the hearing cost me?
If the proceedings commenced before 22 November 2012, the rules about costs are:
Usually parties pay their own costs in P&E Court proceedings.
Your own costs will include:
- fees charged by a lawyer you may engage
- fees charged by any expert witnesses you engage to give evidence on your behalf
- filing and other court fees
- any other expenses you incur.
The court may award costs against a party in certain circumstances including:
- a party’s failure, without good reason, to comply with a directions order
- a procedural default
- a party acts frivolously or vexatiously.
If the proceedings are commenced after 22 November 2012, the rules about cost are:
Cost are at the discretion of the Court.
In exercising its discretion, the court may take into account a wide range of matters, see section 457 of the Sustainable Planning Act 2009. Parties are encouraged to review the new rules as there have been significant changes to the previous rules.
Section 457(4) provides that, if early in the processing the parties participate in mediation and the dispute is resolved at or soon after, each party is to pay their own costs. Early mediation is encouraged.
Under the new provisions your own costs will include:
- fees charged by a lawyer you may engage
- fees charged by any expert witnesses you engage to give evidence on your behalf
- filing and other court fees
- any other expenses you incur.
If costs orders are made, either in your favour or against you, the costs may include part or all of:
- fees paid to lawyers
- fees charged by expert witnesses
- filing and other court fees
- any other fees properly incurred in the conduct of the proceeding.
In addition: if the proceedings involve enforcement proceedings (see section 457(6)) costs may include the costs of investigations undertaken to gather evidence.
Do I have to attend the hearing?
Yes, as a party you are required to and must attend all reviews and hearings listed before a Judge, or the Court, as well as conferences before the ADR Registrar, however, you can apply to appear at a directions hearing, or review by telephone, if it is difficult for you to attend the hearing in person. If you wish to apply to appear by telephone, you must speak to the judge’s associate at least 24 hours prior to the hearing. It is not possible to appear by telephone at a conference before the Registrar.
If your case is due to be reviewed by a judge, and all parties agree that the review should instead be heard on a later date, the ADR Registrar may list the review on the later day instead, and no appearance is required on the original review day, provided it is (a) not a call-over Review; or (b) there have been no more than three such adjournments since the last appearance before the Court.
Can I talk to the judge privately about my case?
Parties to P&E Court proceedings must not:
- speak to judges outside the courtroom
- send correspondence to the judges about the hearing.
At the core of our justice system is the principle that each party knows the case against them. All communications about the case must occur openly and in the presence of all interested parties.
Private communication by one party with the judge is inconsistent with this principle.
You may be contacted by the judge’s associate to advise you:
- when a hearing will be conducted
- when a judgment will be given
- about procedural matters.
Should I arrange for the judge to inspect the property?
If you think an inspection of the relevant land, buildings or area would help the court to understand the evidence, you should let the judge know.
You can contact the judge’s associate after the callover when you find out which judge is conducting the final hearing.
Usually, the inspection (sometimes called a view) will not involve the taking or recording of evidence.
You should do no more than show the judge those things which are relevant to the case.
The judge should not be told anything during the inspection about your:
- evidence
- case
- opponent’s evidence or case.
This is because there will be no facilities for recording evidence during the inspection.
It is important that each side has a fair and equal chance to present their case in the courtroom when proceedings re-commence after the inspection.
Where else can I go for information about the P&E Court?
The P&E Court registry can provide you with more information.