The Land Court of Queensland is a specialised Judicial Tribunal and Court of Record, established under the Land Court Act 2000.
The Land Court comprises a President and other Members. Unlike Judges, who have life tenure, Members of the Land Court are appointed for 15 year terms. Judicial Registrars may also be appointed as officers of the Court to perform certain functions.
Hearings in the Land Court of Queensland are usually presided over by a single Member sitting alone. The Judicial Registrar may also hear and decide certain matters, though he is responsible mainly for the Court’s Alternative Dispute Resolution (ADR) processes, including Preliminary Conferences and Court supervised Mediations.
The Land Court of Queensland may sit anywhere in Queensland. Normally a case is heard in the district where the land that is the subject of the dispute is located. Sittings are held in Brisbane City and, where appropriate, rural and regional areas of Queensland.
The Land Court of Queensland operates with as little formality as possible. The strict rules of evidence don’t apply and the Land Court acts according to equity, good conscience and the substantial merits of the case.
The land Court encourages ADR and provides these services free of cost.
Land Court procedures are covered by the Land Court Act 2000, the Land Court Rules 2000 and various practice directions. The Uniform Civil Procedure Rules 1999 may also apply where the Land Court Rules don’t cover the field.