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The Kalgoorlie and Leonora Wardens Court have released new Practice Directions for 2021, effective from 22 February 2021.
Lodging Minutes of Consent to Adjourn
The new Practice Directions require all minutes of consent to adjourn matters before the Warden to be filed no later than midday, 7 days before the relevant mention date.
Under the new Practice Directions, the Kalgoorlie and Leonora Wardens Court require details as to why particular consent orders are sought to accompany any minute of consent filed for an adjournment.
Time Sought for Adjournments
New Practice Direction 1C requests that parties seek adjournments to future dates sufficiently far in advance to allow for a “realistic prospect of resolution” and to avoid “unrealistically short adjournments”. The Kalgoorlie/Leonora Wardens Court has indicated their intention to finalise stagnating objections.
The length of adjournment will be dependent on the status of existing negotiations and cooperation of the Parties.
Programming Orders
The Warden may impose an order for parties to appear for programming orders in respect of longstanding matters which have been repeatedly adjourned. In this instance, parties will be required to appear before the Warden for programming orders at the next mention, unless:
- A minute of consent to adjourn accompanied by a detailed explanation as to why a further adjournment is warranted is signed by both parties and is filed with the Wardens Court, no later than midday, 7 days before the mention date; and
- The Warden is satisfied based on the detailed explanation that the adjournment should be approved without an appearance being required.
Parties will be advised whether or not the Warden approves the adjournment by midday on the day before the mention hearing, or alternatively requires the parties to attend the hearing. Parties may still file a notice of withdrawal at any time up to 4pm on the day before the relevant mention hearing.
Hetherington offers a range of services relating to Wardens Court objections proceedings in Western Australia, including lodgement of objections, resolution through access deeds and representation. Contact Hetherington for more information on how we can assist with your tenement management in Western Australia.