You might need to attend several hearings and reviews during your case in the Planning and Environment Court (P and E Court). Here’s what to expect:
Directions hearing
At the directions hearing, the court gives a directions order that explains what steps need to be taken and the timeframes. Usually, the parties agree on a draft order beforehand and give it to the judge.
The first directions hearing is also called the First Return date.
The directions order often includes a plan for resolving disputes, like a ‘without prejudice’ conference led by the ADR Registrar or other methods.
You can learn more about alternative dispute resolution in the P and E Court.
Review hearing
Review hearings happen during the case to check its progress. At these hearings, parties must tell the court:
- If they’ve followed the directions order.
- If they haven’t, when they will.
- If any changes are needed to the timeframes in the directions order.
The court may schedule another review hearing to make sure things are moving along. If a dispute causes delays, a party can ask for another review hearing.
Pre-callover review
This review checks if the case is ready for trial. It happens at least six weeks before the month when the trial is expected, as stated in the directions order.
If the court agrees the case is ready, it will be listed for a callover hearing. If not, the case might be delayed.
You can find pre-callover review dates in the P and E Court Calendar.
Pre-hearing review
Sometimes, the court decides a case can be fast-tracked to trial (called the Ready for Hearing list). These cases usually need less than five days in court and are heard within 12 months of being filed.
The directions order will set a timetable for the case, including a pre-hearing review at the end. This review ensures the case is ready for trial.
If the court agrees the case is ready, fixed trial dates are given. If not, the review might be rescheduled, or the case could be removed from the fast-track list.
Callover hearing
A callover is the final review before the trial. At this hearing, the judge sets fixed trial dates for cases that:
- Are ready to be heard during a specific sitting.
- Passed the pre-callover review.
Callovers usually happen a few weeks before the trial. The P and E Court Calendar lists callover hearing dates.
Final hearing (trial)
If all steps in the directions order are completed, the final hearing will decide the outcome of the case.
A final hearing may involve a property inspection. If the parties think it would help for the judge to visit the land, buildings, or area involved in the case, they should the judge know.
After the callover, once the judge is handling the final hearing is known, contact the judge’s associate to arrange the inspection.
Open communications
The justice system is based on the idea that everyone has the right to know the case against them. All discussions about the case must happen openly and with all parties involved.
You can’t speak to the judge outside the courtroom (apart from a property inspection) or contact the judge about the hearing, unless it is something that will impact on the conduct of the hearing. In which case the parties may jointly contact the judge’s associate.
A judge’s associate may contact you about:
- when a hearing will occur
- when a judgment will be given
- procedural matters.
Attending hearings and reviews
All parties must attend all hearings and reviews listed before a judge or the court. Unless granted leave by the court to appear remotely, all parties must appear in person
A party is anyone or any organisation involved in a case. This includes people or groups who have filed a notice of appeal or an originating application, been listed by the appellant as a respondent or co-respondent in the case, or have filed a notice to join as a co-respondent by election. Parties can include property developers, local councils, government bodies, businesses, homeowners, and residents affected by the case.
Appearances in Brisbane
Directions and review hearings in Brisbane are scheduled as follows:
- At 10:00am every day during a P and E Court applications week.
- Outside of these weeks, at a time and date set by the court.
The courtroom for the hearing will be listed in the Daily Law List after 6:00pm the day before the hearing. On the day of the hearing, the details will also be shown on the display panels in the court foyer.
Appearances in courts outside Brisbane
If your matter is listed in a court outside of Brisbane, please contact the local registry for information on when directions/review hearings will be held.
More information
If you can’t attend in person and want to request to appear by phone, please review information on Requesting a Planning and Environment Court appearance by phone.
If you want more information about hearings and reviews see Planning and Environment Court Practice Directions 6 of 2023 (PDF, 215.4 KB) and 8 of 2023 (PDF, 72.8 KB).
