New South Wales Consolidated Acts

LAND AND ENVIRONMENT COURT ACT 1979 - SECT 74

74 Rules

(1) The Chief Judge and any 2 other Judges may make rules for or with respect to--

(a) the procedure (including the method of pleading) and the practice to be followed in the Court in any proceedings (including the procedure and practice to be followed in the offices of the Court) and any matters incidental to, or relating to, any such procedure or practice, including the manner and time of making any application or appeal which under this or any other Act or Commonwealth Act is to be made to the Court,

(a2) appeals under section 32 or 43 of the Crimes (Appeal and Review) Act 2001 ,

(b) the joinder of causes of action, the consolidation of proceedings, and the joinder, misjoinder and non-joinder of parties,

(c) the means for, and the practice and procedure to be followed in, the enforcement and execution of decisions, judgments and orders of the Court,

(d) the furnishing of security,

(e) the costs of proceedings in the Court, and

(f) all matters that by this Act are required or permitted to be prescribed by rules or that are necessary or convenient to be prescribed by rules for carrying out or giving effect to this Act.

(2) Without affecting the generality of subsection (1), rules may be made, in relation to matters within the jurisdiction of the Court, for or with respect to matters for or with respect to which rules may be made under the Supreme Court Act 1970 or the Civil Procedure Act 2005 , including rules that may be so made by virtue of section 257 of the Criminal Procedure Act 1986 , or any other Act.

(3) The rules may, with any adaptations specified therein, adopt by reference any rules made under the Supreme Court Act 1970 or the Civil Procedure Act 2005 .

(4) Rules may be made so as to apply differently according to such factors as may be specified in the rules.

(5) While there are no Judges other than the Chief Judge, the reference in subsection (1) to other Judges shall be deemed to be omitted, and while there is only one such Judge, that reference shall be construed as a reference to that Judge.

(6) This section does not give power to make rules with respect to--

(a) any matter relating to costs that is regulated by the legal profession legislation (as defined in section 3A of the Legal Profession Uniform Law Application Act 2014 ), or

(b) any matter for which Admission Rules may be made under the Legal Profession Uniform Law (NSW) .

(7) The rules made under this section may authorise or require the use of an electronic case management system established under clause 2 of Schedule 1 to the Electronic Transactions Act 2000 in relation to any proceedings in a court in respect of which the use of such a system is authorised by an order in force under clause 3 of Schedule 1 to that Act.

(8) The rules made under this section may provide for the exercise by the Registrar or any other officer of the Court of any of the Court's administrative or judicial functions under this or any other Act and for the review by the Court of the exercise by the Registrar or any other such officer of any such function.