Investigation Training Resources
Session 3 - LEGAL PROCESS
Learning Packages
SECTION 2: Types of Hearings and Reviews
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Directions hearing
At the directions hearing, the court issues a directions order outlining the steps that parties must take and time frames for doing so. A draft order is usually agreed between the parties beforehand and handed up to the judge.
Directions orders usually include a dispute resolution plan. This may be a 'without prejudice' conference chaired by the ADR Registrar or other means of dispute resolution.
Review hearing
Review hearings may occur on numerous occasions during the proceeding and enables the Court to check the progress of the case.
At a Review hearing, the parties are expected to tell the Court:
whether they’ve complied with the previous directions order
if they haven’t complied, when will attend to the outstanding matters
whether adjustments are required to the timetable outlined in the previous direction’s orders.
The Court usually schedules a subsequent Review Hearing to ensure matters are progressing in an expeditious manner.
A party may make an application for another Review hearing before the scheduled hearing, if a dispute arises that may cause delays in the timetable.
Pre-call-over review
A Pre-call-over review occurs at least six weeks before the month in which the parties are seeking trial dates, as outlined in a prior directions order. The purpose of the Pre-call-over review is to satisfy the Court the proceeding is ready for trial.
If the Court is satisfied the proceeding is ready for trial, the matter will be listed for a Call-over hearing. If not satisfied the Court may postpose the matter to a later hearing pool.
Pre-hearing review
At the initial Directions hearing or a subsequent Review hearing, the Court may determine a case is suitable to be fast-tracked to a trial (Ready for Hearing list). These cases are not expected to require more than a 5-day trial and will be heard within 12 months of the case being filed.
Direction orders will be made timetabling the entire proceeding up to trial and will include a Pre-hearing review at the end of the timetable. The purpose of the Pre-hearing review is to satisfy the Court the proceeding is ready for trial.
Pre-hearing reviews are conducted on a date determined by the Court, as opposed to the set Pre-callover review dates.
If the Court is satisfied the proceeding is ready for trial, the case will be allocated fixed trial dates. If not satisfied, the Court may adjourn the Pre-hearing review to a later date or remove the case from the fast-track list.
Call-over hearing
A call-over is a final review of the case. In a call-over, a judge allocates fixed hearing dates for the cases that both are due to be heard in a particular sitting and have satisfied the court at the Pre-call-over review that the case is ready to proceed. The call-over is usually held a few weeks before the final hearing.
Final hearing (Trial)
If all steps in the directions order have been followed, the final hearing determines the result of the case.
Alternative dispute resolution (ADR)
The vast majority of disputes in the P and E Court are resolved, or at least narrowed, by agreement before any final hearing. Parties are usually required to have a dispute resolution plan to help resolve issues before trial.
Building and Development Dispute Resolution Committee / Development Tribunal – (Building Appeals and Enforcement Notice Appeals)
Development Tribunals provide an accessible, affordable and timely service for people who are not satisfied with building, plumbing and planning decisions made by local government and private certifiers.
You may, for example, be able to appeal to the Development Tribunals if:
your local council has recommended refusing a building development application,
you have a decision notice from a private building certifier refusing the application in line with the council’s recommendation
you’re the owner of the property involved in the application.
How tribunals work
Tribunals are established as needed from a pool of appointed referees.
The department’s minister or chief executive appoints referees for a term of no more than 3 years.
Tribunals have 1–5 referees with appropriate qualifications and experience.
Parties to appeals are not allowed legal representation at tribunal hearings.
Hearings are informal and all tribunal decisions are delivered in plain English.
Tribunals can hear appeals about:
siting requirements
building work over or near relevant infrastructure (sewers, water mains, stormwater drains or combined sanitary drains)
inspections of building work
swimming pool fencing
fire safety
plumbing and drainage
enforcement notices
development approvals
limited material change of use applications
matters related to an infrastructure charges notice and water and sewerage connections under the South-East Queensland Water (Distribution and Retail Restructuring) Act 2009 (SEQ Water Act).
A tribunal may decide certain matters under the following Acts and related regulations:
Planning Act 2016
Building Act 1975 (unless it may or must be decided by the Queensland Building and Construction Commission)
Plumbing and Drainage Act 2018
Residential Services (Accreditation) Act 2002
South-East Queensland Water (Distribution and Retail Restructuring) Act 2009.
