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:
- an objection decision concerning a land valuation under the Land Valuation Act 2010—use Form 3 - Notice of appeal against the Valuer-General's decision on objection (DOC, 88KB)
- a categorisation decision under the Local Government Regulation 2012 or the City of Brisbane Regulation 2012—use Form 4 - Notice of appeal against a categorisation decision (PDF, 235KB) or (DOC, 92KB).
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:
- Form 05 - Referral of mining compensation matters (PDF, 255KB) or (DOC, 114KB)
- Form 06 - Referral of mining objections and/or environmental objections (PDF, 239KB) or (DOC, 85KB).
See practice direction 3/2013 for the use of these referral forms.
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.
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.
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.
See Land Court practice direction 2/2013 for more details on starting proceedings.