Information required for ADR conference
The ADR Registrar does not need voluminous briefs. All briefs should be kept to the barest minimum, sufficient only to identify the issues in dispute. The brief for the ADR Registrar should not be the same as that provided to Counsel (barrister).
This will help minimise costs payable by the parties.
Give a brief containing only relevant documents to the ADR Registrar by the date specified in the booking confirmation email. As the ADR Register may be conducting numerous conferences, they may not have time to read late briefs.
Provide the brief electronically—on a USB, by email or downloadable from an external location.
You may include:
- an executive summary of the nature of the proceedings, proposed development and issues in dispute
- a notice of appeal
- a copy of the most recent court order
- a location and aerial plan
- a plan of the proposal and elevations (if relevant), especially if the application involves a multi-storey building
- a council officer’s report to the council (where there are no expert reports)
- a decision notice and conditions (if any)
- submissions of parties to the appeal
- relevant reports supporting the application where relevant to the issues in dispute (where there are no expert reports)
- joint expert reports (if any)
- photos (where helpful to understand the issues)
- extracts from the planning scheme relevant to the proposal/issues
- correspondence between the parties regarding resolution proposals.
Do not include:
- a full copy of the planning scheme
- the original IDAS application forms
- correspondence between the council and applicant during the council assessment process, such as information requests
- the statutory attachments to the decision notice
- advertising and associated documents (as the appeal is usually well past the point where these are relevant)
- copies of notices setting out issues in dispute, and requests for and provision of particulars
- a list of documents and/or discovered documents
- floor plans for each storey of a multi-storey building
- submissions of non-parties
- reports supporting the application, where expert reports are available
- other orders
- correspondence between the parties, unless containing proposals for resolution
- legal aspects of what’s preceded the conference, such as preliminary points of law, proof of compliance with public advertising and service of the appeal.