SOME IDEAS FOR THE COURT'S SUBMISSION

Write in formal language. Remember that this document will be read out in front of the assembled interested parties. Keep the sentences simple and straightforward. Make each sentence do only one job.

Court decisions always use past cases in supporting their decision on the case under review. Mention at least two or three of the previous cases.

Clearly state your decision - the development will or will not go ahead. Remember that your decision is final so make it well thought out and clear cut.

Then state your arguments in support of your decision.

Use the following headings and topic sentences to begin each of your main paragraphs

(1) DECISION
The decision of the Land and Environment Court is that this development (may/may not) go ahead. This decision has been made on the basis that ...

Some reasons used the past to uphold the decisions made include

- the decision maker had the power to make this decision
- the decision maker consider all aspects of the case properly
- the decision maker considered only relevant aspects of the case
- the decision was a reasonable and appropriate decision to make given all the circumstances
- the decision was made on the basis of submissions from all interested persons

Some reasons used in the past to overturn decisions include

- the decision maker did not have the power to make this decision
- the decision maker failed to consider things that mattered in the case
- the decision maker considered matters that were not related to the case
- the decision is obviously unreasonable
- the decision was made for the wrong reasons
- the decision was made in such a way that people who had a right to be heard were not heard

(2) CASE HISTORY
The decision of the Land and Environment Court has been based on the submissions made to the court and to decisions made previously by the Court such as

(3) OBSERVATION
It is apparent that, in this case, (then summarise the arguments you have discussed between yourselves and the conclusions you have come to)

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