Alternative Dispute Resolution Processes

Preliminary Conference

Overview

The Land Court is a specialised judicial tribunal and court of record that has jurisdiction to determine matters pertaining to land and resources as conferred by multiple acts.

The Land Court is not bound by the rules of evidence and has relative freedom to establish its own practices. Section 36 of the Land Court Act 2000 allows a member of the Court or the judicial registrar to arrange for parties to attend a preliminary conference prior to a hearing.

Why hold a preliminary conference?

A preliminary conference allows the opportunity to reach agreement on a matter in a more informal, expedited context. The parties have an opportunity to discuss the merits of their respective cases on a without prejudice basis and reach a settlement at that stage of proceedings. Even if an agreement is not reached, the member or judicial registrar may dispose of the matter at the preliminary conference stage if both parties agree to that process.

A preliminary conference allows the opportunity to test the merits of your case and weigh up the pros and cons of accepting any settlement offers made on a without prejudice basis. No evidence of anything said or admission made during a preliminary conference may be given in a hearing without the consent of the parties. There is no guarantee that a better or worse outcome will be obtained by proceeding to a hearing stage, but doing so will definitely delay the outcome.

What kinds of matters are suited to a preliminary conference?

Any proceeding brought in the Land Court may go through a preliminary conference, however it is a more effective process where there are limited issues in dispute that do not involve a high degree of legal complexity.

The Land Court automatically offers a preliminary conference for appeals against Objection Decision by Chief Executive (DERM) on a valuation under s55 and s56 of the Valuation of Land Act 1944. In other cases, the parties will need to request a preliminary conference.

If there are several or complex issues in contention, it may be more appropriate that parties request a substantive mediation before a member. The Court will consider this option favourably where a without prejudice negotiated process is desired by both parties and it is likely to produce a final outcome.

What is the role of the member or judicial registrar?

The member or judicial registrar will facilitate the preliminary conference (ensuring both parties have an equal opportunity to participate) and provide the benefit of their experience regarding the processes and approaches of the Court should the matter not settle but proceed to hearing.

The member or judicial registrar may not preside over any future hearing of the matter without the consent of both parties.

What is the role of the participants?

The parties or their agents appearing at a preliminary conference are expected to come prepared to participate meaningfully and courteously. The Land Court Act 2000 requires that:

“Each party must be prepared to identify and discuss the issues in dispute in an attempt to negotiate a settlement”.

Participants will be provided equal opportunity to express their views and present any supporting information. They should address the Judicial Registrar as “Sir/Madam” or as introduced and the Member as “Your Honour”. Participants should comply with any directions or requests of the judicial registrar or member during the proceedings.

How long does it take for my preliminary conference to be scheduled?

You should receive an acknowledgement that the Court has received your appeal or application within approximately 7-10 working days from when the registry receives it.

The majority of preliminary conferences are for valuation appeals, which are received in large batches in response to appeal timeframes. Usually the Court will endeavour to convene a preliminary conference within 6 months of receiving the application; however this time frame may be extended where the subject property is in a remote or regional centre. The members and judicial registrar conduct regular circuits during the year; however they do not usually visit a hearing centre until there are at least a few days worth of proceedings.

If there is a particular urgency to have your matter heard and the other party is agreeable, you may request that a preliminary conference is conducted by phone conference.

How long does a preliminary conference take?

Generally an hour is set aside for a preliminary conference as this is usually sufficient time to determine whether agreement can be reached. The time required may be more expedited providing the parties are still meeting their obligation to participate.

Do I have to attend?

Due to the requirement that parties be prepared to negotiate, the Court generally only convenes a preliminary conference with the consent of both parties. However, the Court has the power to convene a preliminary conference without the parties consent and it will do so where the circumstances warrant it.

The party and/or their agent may attend, however the person attending must hold the authority to settle any issues discussed.

Do I have to bring anything?

The parties should bring any supporting documentation they wish such as comparable sales, maps, photos or any other thing that may better explain their position. These items may not be used as evidence in a future hearing without the consent of the person who produced the document at the preliminary conference.

What happens if I don’t settle?

The parties will generally be given a designated period after the preliminary conference in which to inform the Court whether or not settlement has been reached. A Court order will be issued to this effect. Where settlement has not been reached, the Court will schedule the matter for a formal hearing to determine the matter.

For further information
Phone: (07) 3247 5193	Email: landcourt@justice.qld.gov.au

Mediation

The Court can provide a court-supervised mediation process at no cost to the parties where all parties consent to the process.

A member who convenes a mediation will not preside over a subsequent hearing of the matter without the consent of the parties.