Posted by: Dale Ellerman
It is an important step when involved in legal proceedings
in the Planning and Environment Court to understand who your opponents are and
to consider their legal status.
This point was demonstrated recently in Urban Potentials Pty Ltd v Southern Downs Regional Council & Anor in which the court held a submission made by an entity purporting to be an unincorporated association was in fact made individually by the list of persons who had signed the group submission.
The court made orders removing the unincorporated association as a party to the appeal instead allowing the individual submitters a chance to elect to join the appeal out of time.
As it transpired, none of the many individual submitters took up the opportunity to join the appeal and the case effectively "shrunk" accordingly.
A link to the case is attached for anyone interested. To view the case click here.
