Land Court introduces new versions of the Model Directions

Key Insights

• The Land Court of Queensland has issued two new versions of its Model Directions in a little over 12 months. 
• New version 2.3 of the Model Directions (released in October 2021) altered a number of the Court's model directions, including in relation to giving evidence, costs orders, case management and hearing arrangements. 
• New version 2.4 of the Model Directions (released in December 2022) includes further amendments and updates arising from the new Land Court Rules 2022 and Practice Direction 1 of 2021 relating to land valuation appeals.

Model Directions

The Court then issued a further set of new Model Directions, version 2.4, in December 2022.  

The Court expects parties to use the Model Directions when proposing directions.

The key changes from each update against the previous version 2.2 of the Model Directions are summarised below.

Case management of land valuation appeals

Versions 2.3 and 2.4 introduced changes to the model directions relating to the case management of land valuation appeals.  For appeals against a valuation of more than $5 million, the Registry will issue standard directions as soon as practicable after the appeal is filed.  A party may request a directions hearing if it proposes case-specific directions.    

If the parties do not intend to call expert evidence in a land valuation appeal, then parties are directed to use a set of "fast track directions".  Otherwise,  the standard directions will apply.  This is consistent with the Court's Practice Direction 1 of 2021, which outlines the process for appeals under the Land Valuation Act 2010.   

Costs orders 

New model costs directions have been included in version 2.3 and significantly updated in version 2.4.  The new model directions, from version 2.4, provide for:

• the filing of an application and written submissions if a party seeks a costs order, as well as written submissions in response; and
• costs applications to be heard on the papers, unless otherwise ordered.

Adjournment requests

Requests to adjourn a directions hearing or review must now be made no later than midday on the business day before the case is set for the directions hearing or review.  

The deadline was previously 4:00pm at least two business days before the directions hearing or review.

Presiding Member indications

The Model Directions no longer state that the parties may be given an indication of which Member will be allocated to hear the matter at the time it is listed.

Hearing arrangements

The model directions relating to hearing arrangements have been amended as follows:

• parties are to provide the relevant hearing materials to the Land Court Registry by 4:00pm two business days before the hearing, as opposed to five business days before the hearing review as specified in the previous version;
• parties are to provide hearing materials in digital form; 
• parties are to provide an agenda for concurrent evidence by experts who have prepared a joint report; and
• the model directions no longer provide for an index to hearing materials to be given to the Registry.  They have also removed the template index to hearing materials from the appendices.  For completeness, Practice Direction 3 of 2019 still requires parties in compensation disputes and conduct and compensation disputes to provide an index to the hearing bundle five working days before the hearing review.  

Other changes

Other changes include:

• amendments arising from the Land Court Rules 2022, including amendments to the section on disclosure to bring that text in line with the new rules; and
• minor updates to the section on alternative dispute resolution.