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 practises in commercial, public and regulatory law. Eliza appears in all jurisdictions including the Supreme Court, Tribunals, Inquiries and Royal Commissions.  Eliza is listed as a recommended junior counsel in Doyle's Guide (2018, 2019). From January 2019 until early 2021, she was appointed one of the Counsel Assisting the Royal Commission into Aged Care Quality and Safety.  

Eliza's particular expertise is in planning and environment, land valuation and compulsory acquisition. She represents clients from a range of industry sectors, Councils, State bodies and individuals.  Eliza appears as an advocate for clients in all forums.  She has experience with most planning and development issues including: development of major infrastructure such as pipelines, wind farms, electricity infrastructure and mines; urban renewal, high-density residential and social housing; transport and rail; water overflows; contaminated sites; infrastructure and development contributions; heritage; restrictive covenants and easements.  

In administrative, public and commercial law, Eliza appears in inquiries and Royal Commissions, merits review and judicial review of administrative decisions and actions, regulatory investigations, general commercial litigation and assists clients with advice work.   In addition, Eliza has experience in specialist areas such as: aged care; energy and resources; migration; fisheries and maritime law; FOI and information privacy; gaming and liquor licensing; constitutional and electoral law; professional discipline.

Eliza is a member of the Victorian Planning and Environment Law Association (VPELA) (2004- present).

Prior to the Bar, Eliza was Judge's Associate to Justice Peter RA Gray AM of the Federal Court of Australia (2001-2002), Solicitor and Senior Associate at King & Wood Mallesons (2004-2010), Principal Solicitor at Victorian Government Solicitor’s Office (2010-2017).  She has a Masters of Law in Environmental Law from ANU, a Bachelor of Law (Honours) from University of Melbourne and a Bachelor of Science from Monash University.

Eliza's CV is available here.

Recent cases

Royal Commissions and Advisory Committees

  • Appointed Counsel to Assist the Royal Commission into Aged Care Quality and Safety (January 2019 – February 2021). Led by Peter RD Gray QC and Peter Rozen QC (2019-2021). Assisted with numerous hearings in Adelaide, Broome, Perth, Mildura, Melbourne, Sydney and Hobart 
  • Urban renewal -  Advisory Committee - Proposed Planning Scheme Amendment GC81 to Melbourne and Port Phillip Planning Schemes including 45 hearing days and 253 submitters.  Acting for City of Melbourne with Juliet Forsyth (2018). Fishermans Bend Planning Review Panel (AC) [2018] PPV 71
  • Urban renewal – Priority Projects Standing Advisory Committee – Objection to grant of permit for a Nightingale development in Moreland called in by the Minister from VCAT. Acting for Current Power Pty Ltd. (PPV, 2021) Unled

Valuation

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 [2021] VCAT 1188  Unled
  • Civil penalty proceedings regarding unlicenced importation of synthetic greenhouse gas Minister for the Environment v ACN Pty Ltd [2020] FCA 1557 (Mortimer J). Acting for the defendant company. Unled
  • Advice to significant waste management business and industry body regarding environment and planning regulatory requirements and risks  (2017, 2018)

Compulsory Acquisition

  • Northern Connector Freeway– Disputed acquisition by Commissioner for Highways. Acting for several individual claimants (Supreme Court SA, 2020-21). Unled

Planning

  • 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. Unled. OTR 129 Pty Ltd & OTR 130 Pty Ltd v Horsham Rural City Council [2018] VCAT 1778
  • 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. Unled. OTR 16 Pty Ltd & OTR 169 Pty Ltd v Mildura Rural City Council [2019] VCAT 27
  • Application for review for objector against extension of dog breeding facility in Gisborne South. Unled. Duval v Macedon Ranges SC [2019] VCAT 374 4
  • Gaming regulation – proposed expansion of gaming facility - DSL Securities Pty Ltd v Cardinia Shire Council [2018] VCAT 212
  • Residential redevelopment – Application for review for objector against residential extension in Fitzroy North. Unled. Walters v Yarra CC [2018] VCAT 1784
  • Residential subdivision – Objector appeal against conditions of permit. Unled. Thuc Tran Mok Lao v Maroondah City Council [2018] VCAT (13 August 2018)
  • Review of a refusal to extend time in which to commence development and application for declarations regarding commencement of works regarding a proposed gaming venue. Unled. DSL Securities Pty Ltd v Cardinia Shire Council [2018] VCAT 212 

Liability limited by a scheme approved under professional standards legislation

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 practises in commercial, public and regulatory law. Eliza appears in all jurisdictions including the Supreme Court, Tribunals, Inquiries and Royal Commissions.  Eliza is listed as a recommended junior counsel in Doyle's Guide (2018, 2019). From January 2019 until early 2021, she was appointed one of the Counsel Assisting the Royal Commission into Aged Care Quality and Safety.  

Eliza's particular expertise is in planning and environment, land valuation and compulsory acquisition. She represents clients from a range of industry sectors, Councils, State bodies and individuals.  Eliza appears as an advocate for clients in all forums.  She has experience with most planning and development issues including: development of major infrastructure such as pipelines, wind farms, electricity infrastructure and mines; urban renewal, high-density residential and social housing; transport and rail; water overflows; contaminated sites; infrastructure and development contributions; heritage; restrictive covenants and easements.  

In administrative, public and commercial law, Eliza appears in inquiries and Royal Commissions, merits review and judicial review of administrative decisions and actions, regulatory investigations, general commercial litigation and assists clients with advice work.   In addition, Eliza has experience in specialist areas such as: aged care; energy and resources; migration; fisheries and maritime law; FOI and information privacy; gaming and liquor licensing; constitutional and electoral law; professional discipline.

Eliza is a member of the Victorian Planning and Environment Law Association (VPELA) (2004- present).

Prior to the Bar, Eliza was Judge's Associate to Justice Peter RA Gray AM of the Federal Court of Australia (2001-2002), Solicitor and Senior Associate at King & Wood Mallesons (2004-2010), Principal Solicitor at Victorian Government Solicitor’s Office (2010-2017).  She has a Masters of Law in Environmental Law from ANU, a Bachelor of Law (Honours) from University of Melbourne and a Bachelor of Science from Monash University.

Eliza's CV is available here.

Recent cases

Royal Commissions and Advisory Committees

  • Appointed Counsel to Assist the Royal Commission into Aged Care Quality and Safety (January 2019 – February 2021). Led by Peter RD Gray QC and Peter Rozen QC (2019-2021). Assisted with numerous hearings in Adelaide, Broome, Perth, Mildura, Melbourne, Sydney and Hobart 
  • Urban renewal -  Advisory Committee - Proposed Planning Scheme Amendment GC81 to Melbourne and Port Phillip Planning Schemes including 45 hearing days and 253 submitters.  Acting for City of Melbourne with Juliet Forsyth (2018). Fishermans Bend Planning Review Panel (AC) [2018] PPV 71
  • Urban renewal – Priority Projects Standing Advisory Committee – Objection to grant of permit for a Nightingale development in Moreland called in by the Minister from VCAT. Acting for Current Power Pty Ltd. (PPV, 2021) Unled

Valuation

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 [2021] VCAT 1188  Unled
  • Civil penalty proceedings regarding unlicenced importation of synthetic greenhouse gas Minister for the Environment v ACN Pty Ltd [2020] FCA 1557 (Mortimer J). Acting for the defendant company. Unled
  • Advice to significant waste management business and industry body regarding environment and planning regulatory requirements and risks  (2017, 2018)

Compulsory Acquisition

  • Northern Connector Freeway– Disputed acquisition by Commissioner for Highways. Acting for several individual claimants (Supreme Court SA, 2020-21). Unled

Planning

  • 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. Unled. OTR 129 Pty Ltd & OTR 130 Pty Ltd v Horsham Rural City Council [2018] VCAT 1778
  • 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. Unled. OTR 16 Pty Ltd & OTR 169 Pty Ltd v Mildura Rural City Council [2019] VCAT 27
  • Application for review for objector against extension of dog breeding facility in Gisborne South. Unled. Duval v Macedon Ranges SC [2019] VCAT 374 4
  • Gaming regulation – proposed expansion of gaming facility - DSL Securities Pty Ltd v Cardinia Shire Council [2018] VCAT 212
  • Residential redevelopment – Application for review for objector against residential extension in Fitzroy North. Unled. Walters v Yarra CC [2018] VCAT 1784
  • Residential subdivision – Objector appeal against conditions of permit. Unled. Thuc Tran Mok Lao v Maroondah City Council [2018] VCAT (13 August 2018)
  • Review of a refusal to extend time in which to commence development and application for declarations regarding commencement of works regarding a proposed gaming venue. Unled. DSL Securities Pty Ltd v Cardinia Shire Council [2018] VCAT 212 

Liability limited by a scheme approved under professional standards legislation