The NSW Supreme Court has added a Real Property List to its Equity Division (the List).
The List has been introduced so that real issues in real property matters can be heard and determined by a judge (the List Judge) more quickly and efficiently. It is to apply to both new and existing real property matters, however, proceedings can be entered or removed from the List if the court is satisfied that it is appropriate to do so.
A real property matter involves claims in respect of land or interests in land.
Some examples of real property matters, to which the List will apply, are claims relating to contracts for the sale of land, leases of land, affectations on the land such as easements or covenants or any other claim to land that arises under law.
The Supreme Court Practice Note SC EQ 12 on the new List will commence on 1 June 2015 and has been issued to prepare practitioners for the procedures set to apply under the new List. Notable procedures under the new List include the following:
- the electronic filing of all pleadings and affidavits;
- the time for when proceedings are listed for different hearings (as well as the general order to be made for final hearings);
- the fact that interlocutory applications are not encouraged; and
- that motions can only be filed with leave of the court.