Planning and Environment Court (Mediation) Amendment Rule 2019

1Short title

This rule may be cited as the Planning and Environment Court (Mediation) Amendment Rule 2019.

2Commencement

This rule commences immediately after the commencement of the Economic Development and Other Legislation Amendment Act 2019, section 191.

3Rules amended

This rule amends the Planning and Environment Court Rules 2018.

4Amendment of r 28 (Experts attending meeting of experts must prepare joint report)

Rule 28(3)(a), after ‘conference’—
insert—

or mediation

5Amendment of r 45 (Without prejudice conference)

Rule 45(1) and (2), after ‘ADR registrar’—
insert—

or mediator

6Insertion of new r 45A

After rule 45—
insert—

45AMediation

(1)An ADR registrar or mediator must, if directed by the P&E Court, convene and chair a mediation for a P&E Court proceeding.

(2)Also, an ADR registrar or mediator may, if asked by all the active parties to a P&E Court proceeding, convene and chair a mediation for the proceeding.

(3)If a mediation is convened under subrule (1) or (2) for a P&E Court proceeding—

(a)each active party to the proceeding must attend the mediation; and

(b)any other person directed by the P&E Court must attend the mediation; and

(c)any other person may attend the mediation if all the active parties to the proceeding agree.

(4)In this rule, a reference to an active party to a P&E Court proceeding includes a reference to a person who—

(a)is familiar with the substance of the issues in dispute in the proceeding; and

(b)is either—

(i)authorised by the active party to settle the issues; or

(ii)if attendance by a person with authority to settle the issues is impractical—authorised to make a recommendation to the active party about settling the issues.

7Amendment of r 46 (Admissions at conference)

Rule 46(3), definition conference, ‘or without prejudice conference’—
omit, insert—

, without prejudice conference or mediation