This case dealt with two procedural issues arising under Practice Note 1 of the Planning and Environment List of VCAT (PNPE 1). The first concerned evidence of service of expert evidence and the second the inclusion of amended plans in expert reports.

In respect of the first issue, a number of parties claimed they had not been served with expert evidence 10 business days before the hearing, as required by PNPE 1. The Tribunal held that, given this allegation and the lack of any evidence of service, the appropriate thing to do was to adjourn the matter.

In respect of the second issue, the Tribunal noted an increasing trend of including amended plans in expert reports as 'suggestions'. Parties are entitled to submit amended plans to the Tribunal, in order to meet objections or because their plans have changed. However, as the Tribunal noted, PNPE 1 contains a particular procedure for submitting amended plans, which requires, among other things, that the amended plans be provided at least 20 business days in advance of the hearing. The Tribunal stated it was not appropriate for parties to try and get around that procedure by including amended plans in expert evidence. The Tribunal said that, if the practice continued, it would be appropriate to begin adjourning hearings to give the parties adequate time to consider the amended plans.

• The full decision is available on Austlii