Starting proceedings

You can start a proceeding in the Land Court by application, appeal or referral.

Check the relevant legislation that applies to your matter for more information, including possible time limits for filing and service.

Applications and appeals

If the legislation states that you can ‘apply’ to the Land Court or that you can start a proceeding by filing or making an ‘application’ to the Land Court, use Form 1 - Originating application (PDF, 855KB) or (DOC, 106KB).

If the legislation states that you can ‘appeal’ to the Land Court, use Form 02 - Notice of appeal to the Land Court (PDF, 2.2MB) or (DOC, 112KB) except if you’re appealing:

Referrals

Sometimes a proceeding is started in the Land Court by way of a ‘referral’ from a state government department. See examples in the Mineral Resources Act 1989, the Environmental Protection Act 1994 and the Land Act 1994.

In this case use one of these forms, depending on the matter:

See practice direction 3/2013 for the use of these referral forms.

Where there is no specific referral form, use Form 1 - Originating application (PDF, 855KB) or (DOC, 106KB).

Filing documents

File your application, appeal or referral with the Land Court and Tribunal Registry in person or by post. Find out where to file your documents.

Fees

There are no filing fees for starting proceedings in the Land Court by way of an application, appeal or referral.

However, there are filing fees for lodging an appeal to the Land Appeal Court.

Serving documents

Generally, you must serve a copy of the application on each respondent and certain statutory parties as specified in the relevant legislation.

Check the legislation and seek legal advice if necessary.

More information

See Land Court practice direction 2/2013 for more details on starting proceedings.