Eliza M Bergin


Barrister

Admitted:
2 Oct 2000
Bar:
27 Jul 2018
Location:
Room 1222, Isaacs Chambers,
555 Lonsdale Street, Melbourne, 3000
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

 

Eliza Bergin practices in planning law, environmental law, land valuation and compulsory acquisition. She also practices in public and administrative law.  She appears in all jurisdictions including the Federal Court, Supreme Court, Planning Panels Victoria, the Victorian Civil and Administrative Tribunal and Royal Commissions including as Counsel Assisting.

Eliza has experience with: development of major infrastructure such as wind and solar farms, electricity infrastructure, landfills and mines; buffer areas and land use conflict management; high-density residential; retail and commercial; transport and rail; water overflows; contaminated sites; infrastructure and development contributions; heritage; restrictive covenants and easements; compensation for acquisition of land and valuation disputes.  

Eliza is a legal editor for the Victorian Planning Reports.

RECENT CASES

Land Valuation, Planning and Environment Law

VCAT Planning and Environment  – application for permit for a retirement village on a 3.5 Ha coastal site in Mount Eliza raising issues of heritage, traffic, native vegetation removal, amenity and neighbourhood character – Acting for the developer – Led by Jeremy Gobbo QC

VCAT Planning and Environment – amendment to permit in Eaglemont for a 3rd level on a two-storey apartment building approved by VCAT in 2020 raising issues of views and neighbourhood character – Acting for the developer – Eagle Developments Pty Ltd v Banyule City Council [2022] VCAT 520. Led by Paul Connor QC

VCAT Planning and Environment – Solar Farm proposed in a Green Wedge Zone – Application of Local Policies with landscape protections – Acting for the Minister for Planning (Responsible Authority). City of Melton & Ors v Minister for Planning [2022] VCAT 179.  Unled

VCAT Valuation – Caydon Cremorne No 1 Pty Ltd v Valuer General Victoria – Disputed site value of a mixed use property with heritage registration including for the Nylex Sign – settled prior to hearing.  Acting for Valuer-General Victoria (2022).  Unled 

VCAT Planning and Environment – Conservation Agreement – Disputed removal of a conservation covenant from land under Conservation Forests and Lands Act 1987.  Acting for Minister for Environment. Quiamong Securities Pty Ltd v Minister for Energy, Environment and Climate Change (Red Dot) [2021] VCAT 1188 (VCAT, 2021) Unled

Court of Appeal, Supreme Court and VCAT Valuation – Ararat Wind Farm – Disputed capital improved value for ratings purposes - whether wind turbines are fixtures or chattels.  Acting for Valuer-General Victoria.  Ararat Wind Farm Pty Ltd v Ararat Rural City Council and Valuer-General Victoria  [2020] VSC 853 (Richards J).  Valuer-General Victoria v Ararat Wind Farm Prop Co 2 Pty Ltd & Ors [2021] VSCA 274 (Court of Appeal). With David O’Brien.  Led by Allan Myers QC and then by Timothy North QC

Federal Court of Australia – Environment – Civil penalty proceedings regarding unlicenced importation of synthetic greenhouse gas. Acting for the defendant company. Minister for the Environment v ACN Pty Ltd [2020] FCA 1557 (Mortimer J). Unled

VCAT Planning and Environment – Convenience retail – Application for review for permit applicant regarding proposed convenience store and service station ‘On The Run’ in Mildura including traffic, noise and planning expert evidence.  OTR 16 Pty Ltd & OTR 169 Pty Ltd v Mildura Rural City Council [2019] VCAT 27. Unled

VCAT Planning and Environment – Convenience retail – Appearing for permit applicant regarding proposed convenience store and service station ‘On The Run’ in Horsham including traffic, noise and planning expert evidence.  OTR 129 Pty Ltd & OTR 130 Pty Ltd v Horsham Rural City Council [2018] VCAT 1778. Unled

Royal Commissions, Inquiries, Planning Panels and Advisory Committees 

Appointed Counsel to Assist the Royal Commission into Aged Care Quality and Safety (January 2019 – February 2021).  Led evidence.  Assisted Senior Counsel in preparation of numerous hearings in Adelaide, Broome, Perth, Mildura, Melbourne, Sydney and Hobart. Led by Peter Gray QC and Timothy McEvoy QC (now Justice McEvoy of the Federal Court) and then by Peter Rozen QC (now Judge Rozen of the County Court)

Planning Panels Victoria – Advisory Committee – Fishermans Bend - Proposed Planning Scheme Amendment GC81 to Melbourne and Port Phillip Planning Schemes including 45 hearing days and 253 submitters raising various issues including social housing, public transport, roads, land use conflict management. Acting for City of Melbourne. Fishermans Bend Planning Review Panel (AC) [2018] PPV 71. Led by  Juliet Forsyth SC

Planning Panels Victoria – Expansion of the Melbourne Regional Landfill in Ravenhall.  Solicitor Advocate for Corrections Victoria.  Melbourne Regional Landfill expansion Ravenhall [2017] PPV 4

IBAC investigation –  Solicitor acting for the State of Victoria before Independent Broad-based Anti-Corruption Commission in Operation Ord (2016)

IBAC investigation – Lead Solicitor acting for the State of Victoria before Independent Broad-based Anti-Corruption Commission in Operation Fitzroy (2015)

Solicitor instructing senior and junior counsel on behalf of the State of Victoria regarding planning and environment issues before the Inquiry into the Hazelwood Coal Mine Fire (2014)

Acting for the Municipal Association of Victoria and 77 Local Councils in the 2009 Bushfires Royal Commission while a Senior Associate at King & Wood Mallesons  

Public and Administrative Law

Migration appeals to the Federal Court of Australia, Federal Circuit Court of Australia such as EOD17 v Minister for Home Affairs [2018] FCCA 3323 (interlocutory judgment on reinstatement. Unled

BUB17 v Minister for Immigration and Border Protection [2020] FCCA 204. With E Rutherford

FCT17 v Minister for Immigration & Anor [2019] FCCA 1167

Fati v Minister for Immigration and Border Protection [2018] FCA 52. Unled

Freedom of Information appeal regarding defence of the Commonwealth and international relations relating to proposed future submarine project Xenophon v Secretary, Department of Defence [2019] AAT 3667. Unled

PROFESSIONAL MEMBERSHIPS

  • Member, Victorian Planning and Environment Law Association (2004 – present)
  • Member, Australian Institute of Administrative Law
  • Chair Planning and Local Government Committee, Planning and Environment Law Section, Law Institute of Victoria (2016-2017)
  • Observer, Conference of Parties 20, United Nations Framework Convention on Climate Change (Peru, 2014)

 

AREAS OF PRACTICE

Appellate
Commercial Law
Common Law
Criminal Law
Energy Law & Resources Law
Environmental Law & Planning Law
Government
Inquests, Inquiries, Tribunals & Commissions
Public Law & Administrative Law
Tax Law & Revenue Law

Profile1

 

Eliza Bergin practices in planning law, environmental law, land valuation and compulsory acquisition. She also practices in public and administrative law.  She appears in all jurisdictions including the Federal Court, Supreme Court, Planning Panels Victoria, the Victorian Civil and Administrative Tribunal and Royal Commissions including as Counsel Assisting.

Eliza has experience with: development of major infrastructure such as wind and solar farms, electricity infrastructure, landfills and mines; buffer areas and land use conflict management; high-density residential; retail and commercial; transport and rail; water overflows; contaminated sites; infrastructure and development contributions; heritage; restrictive covenants and easements; compensation for acquisition of land and valuation disputes.  

Eliza is a legal editor for the Victorian Planning Reports.

RECENT CASES

Land Valuation, Planning and Environment Law

VCAT Planning and Environment  – application for permit for a retirement village on a 3.5 Ha coastal site in Mount Eliza raising issues of heritage, traffic, native vegetation removal, amenity and neighbourhood character – Acting for the developer – Led by Jeremy Gobbo QC

VCAT Planning and Environment – amendment to permit in Eaglemont for a 3rd level on a two-storey apartment building approved by VCAT in 2020 raising issues of views and neighbourhood character – Acting for the developer – Eagle Developments Pty Ltd v Banyule City Council [2022] VCAT 520. Led by Paul Connor QC

VCAT Planning and Environment – Solar Farm proposed in a Green Wedge Zone – Application of Local Policies with landscape protections – Acting for the Minister for Planning (Responsible Authority). City of Melton & Ors v Minister for Planning [2022] VCAT 179.  Unled

VCAT Valuation – Caydon Cremorne No 1 Pty Ltd v Valuer General Victoria – Disputed site value of a mixed use property with heritage registration including for the Nylex Sign – settled prior to hearing.  Acting for Valuer-General Victoria (2022).  Unled 

VCAT Planning and Environment – Conservation Agreement – Disputed removal of a conservation covenant from land under Conservation Forests and Lands Act 1987.  Acting for Minister for Environment. Quiamong Securities Pty Ltd v Minister for Energy, Environment and Climate Change (Red Dot) [2021] VCAT 1188 (VCAT, 2021) Unled

Court of Appeal, Supreme Court and VCAT Valuation – Ararat Wind Farm – Disputed capital improved value for ratings purposes - whether wind turbines are fixtures or chattels.  Acting for Valuer-General Victoria.  Ararat Wind Farm Pty Ltd v Ararat Rural City Council and Valuer-General Victoria  [2020] VSC 853 (Richards J).  Valuer-General Victoria v Ararat Wind Farm Prop Co 2 Pty Ltd & Ors [2021] VSCA 274 (Court of Appeal). With David O’Brien.  Led by Allan Myers QC and then by Timothy North QC

Federal Court of Australia – Environment – Civil penalty proceedings regarding unlicenced importation of synthetic greenhouse gas. Acting for the defendant company. Minister for the Environment v ACN Pty Ltd [2020] FCA 1557 (Mortimer J). Unled

VCAT Planning and Environment – Convenience retail – Application for review for permit applicant regarding proposed convenience store and service station ‘On The Run’ in Mildura including traffic, noise and planning expert evidence.  OTR 16 Pty Ltd & OTR 169 Pty Ltd v Mildura Rural City Council [2019] VCAT 27. Unled

VCAT Planning and Environment – Convenience retail – Appearing for permit applicant regarding proposed convenience store and service station ‘On The Run’ in Horsham including traffic, noise and planning expert evidence.  OTR 129 Pty Ltd & OTR 130 Pty Ltd v Horsham Rural City Council [2018] VCAT 1778. Unled

Royal Commissions, Inquiries, Planning Panels and Advisory Committees 

Appointed Counsel to Assist the Royal Commission into Aged Care Quality and Safety (January 2019 – February 2021).  Led evidence.  Assisted Senior Counsel in preparation of numerous hearings in Adelaide, Broome, Perth, Mildura, Melbourne, Sydney and Hobart. Led by Peter Gray QC and Timothy McEvoy QC (now Justice McEvoy of the Federal Court) and then by Peter Rozen QC (now Judge Rozen of the County Court)

Planning Panels Victoria – Advisory Committee – Fishermans Bend - Proposed Planning Scheme Amendment GC81 to Melbourne and Port Phillip Planning Schemes including 45 hearing days and 253 submitters raising various issues including social housing, public transport, roads, land use conflict management. Acting for City of Melbourne. Fishermans Bend Planning Review Panel (AC) [2018] PPV 71. Led by  Juliet Forsyth SC

Planning Panels Victoria – Expansion of the Melbourne Regional Landfill in Ravenhall.  Solicitor Advocate for Corrections Victoria.  Melbourne Regional Landfill expansion Ravenhall [2017] PPV 4

IBAC investigation –  Solicitor acting for the State of Victoria before Independent Broad-based Anti-Corruption Commission in Operation Ord (2016)

IBAC investigation – Lead Solicitor acting for the State of Victoria before Independent Broad-based Anti-Corruption Commission in Operation Fitzroy (2015)

Solicitor instructing senior and junior counsel on behalf of the State of Victoria regarding planning and environment issues before the Inquiry into the Hazelwood Coal Mine Fire (2014)

Acting for the Municipal Association of Victoria and 77 Local Councils in the 2009 Bushfires Royal Commission while a Senior Associate at King & Wood Mallesons  

Public and Administrative Law

Migration appeals to the Federal Court of Australia, Federal Circuit Court of Australia such as EOD17 v Minister for Home Affairs [2018] FCCA 3323 (interlocutory judgment on reinstatement. Unled

BUB17 v Minister for Immigration and Border Protection [2020] FCCA 204. With E Rutherford

FCT17 v Minister for Immigration & Anor [2019] FCCA 1167

Fati v Minister for Immigration and Border Protection [2018] FCA 52. Unled

Freedom of Information appeal regarding defence of the Commonwealth and international relations relating to proposed future submarine project Xenophon v Secretary, Department of Defence [2019] AAT 3667. Unled

PROFESSIONAL MEMBERSHIPS

  • Member, Victorian Planning and Environment Law Association (2004 – present)
  • Member, Australian Institute of Administrative Law
  • Chair Planning and Local Government Committee, Planning and Environment Law Section, Law Institute of Victoria (2016-2017)
  • Observer, Conference of Parties 20, United Nations Framework Convention on Climate Change (Peru, 2014)

 

Committee Memberships

  • (Member) Innovation and Technology