Preliminary Conferences

The words Preliminary Conference are usually shortened and referred to as PC's and Virtual Preliminary Conferences as VPC’s, they are the same only that VPC’s occur via a Microsoft Teams video conference.

A PC is an informal, short (usually 1 hour) meeting of the parties, convened by the judicial registrar or a member of the court. It is an early opportunity to settle a small dispute.

The Court lists all appeals involving land valuations of $5 million or less for a PC. Parties may request a PC in other disputes, such as small mining compensation and land access cases.

The parties, and their advisers, usually attend in person. If you are self-represented or if a suitable time within 3 months of filing cannot be found then the PC may occur virtually. The appellant may book the VPC using the link in the acknowledgment email, the availability of VPC sessions is set by the Court. A VPC is not mandatory you my choose to have an in-person PC.

The convenor assists the parties to identify and discuss the issues in dispute and to explore options to settle the case.

A PC is a discussion, not a hearing, so nobody gives evidence. A party can bring documents, maps and photos to help them to explain their view of the case. If given a few days’ notice, the Court can provide access during the PC to public databases of relevant information, such as displaying the Queensland Globe an interactive mapping tool on the courts touchscreen display.

click here to go to the Queensland Globe website.

When attending a PC you must:

• Have a clear understanding of the issues in dispute, be prepared to identify other issues and discuss them all in an attempt to reach a resolution,
• Have authority to resolve the appeal, or any issue in dispute, and
• Act reasonably and genuinely during the PC.

No party is required to settle their case. Any party may ask for time after the PC to consider a settlement offer. The convenor can allow for up to two weeks for further discussion or list it for another PC.

If the parties reach agreement at the PC, the convenor will either issue consent orders and or assist them to record and sign an agreement at or shortly after the PC.

If the parties do not reach agreement at the PC, or within 2 weeks. The Land Court registry will issue a set of standard directions for what must happen before the case is first heard in court, this first court event is called a review. At the review, the Court will make directions about the steps the parties must take to prepare the case for hearing.

The PC is not the only chance for parties to agree. They can continue negotiating privately even after the hearing has started. They can also ask the Court to direct some other ADR process.

The PC is private and confidential. If the parties settle their dispute they may decide to keep some or all of the details of their agreement confidential.

The PC is ‘without prejudice’. This means that, if the case does not settle, a party cannot rely on anything said at the PC as evidence at the hearing.

You need:

• access to Microsoft Teams via the app or online browser,
• a reliable internet connection,
• a microphone and a speaker or headset,
• a camera.

You must:

• do what you can to minimise background noise and other potential interruptions.
• identify everyone who is present and why,
• have your camera turned on the whole time,
• make sure you have the ability to share your screen, if you wish to refer to documents.

If you fail to attend a PC without a valid excuse or someone who attends does not have enough authority to settle, the convenor may end the PC and make an order on costs that they consider appropriate.

Yes, request a break if you need it, if appearing via teams you must mute your camera and turn off your microphone when on a break.