A. Royal Commission
Royal Commission into Aged Care Quality and Safety
I was appointed Counsel to Assist the Royal Commission (January 2019 – February 2021). The CA team was led by Peter Gray QC (now Justice Gray of the Supreme Court of Victoria), Peter Rozen QC (now Judge Rozen of the County Court of Victoria) and Timothy McEvoy QC (now Justice McEvoy of the Federal Court of Australia). I assisted the Royal Commissioners The Hon Richard Tracey QC AM RFD (dec.), The Hon Tony Pagone AM QC and Lynelle Briggs AO. The CA team was instructed by the Office of Solicitors Assisting (Australian Government Solicitor).
B. Land valuation and compulsory acquisition of land
Grand Ridge Plantations Pty Ltd v Valuer-General Victoria [2024] VSC 129
Land valuation. Challenge to capital improved value of 60,000 Ha plantation forestry estate. Whether forest produce forms part of land for valuation purposes where land subject to forestry legislation. Appeal dismissed. Acting for Valuer-General. Led by David Batt KC.
Grand Ridge Plantations v Valuer-General Victoria [2023] VCAT 1173
Land valuation. Extensions of time to bring proceedings in VCAT in the context of a valuation dispute concerning a 60,000 Ha plantation forest in Gippsland operated by Hancock Victoria Plantations in the Supreme Court. Acting for Valuer-General.
S & JG Investments Pty Ltd v Valuer-General Victoria [2023] VCAT 246
Land Valuation. Review of site value for The Argus. Question of Law concerning whether site value may be increased on review. Acting for Valuer-General. Led by Dr Charles Parkinson KC.
WSTI Properties 490 SKR Pty Ltd v Valuer-General Victoria [2023] VCAT 734
Land valuation. Site value of heritage property in St Kilda Road. Acting for Valuer-General Victoria. Led by Adrian Finanzio KC. (On appeal)
Boulter v Valuer-General Victoria (Red Dot) [2022] VCAT 305
Land Valuation. Site value, capital improved value and net annual value of a site in Lake Eildon. Larger Property. Acting for Valuer General Victoria. Unled.
Valuer-General Victoria v Ararat Wind Farm Prop Co 2 Pty Ltd & Ors [2021] VSCA 274 (Court of Appeal).
Land Valuation. Capital improved value for ratings purposes. Whether wind turbines are fixtures or chattels. Acting for Valuer-General. Led by Allan Myers QC in Court of Appeal and then by Timothy North QC.
Ararat Wind Farm Pty Ltd v Ararat Rural City Council and Valuer-General Victoria [2020] VSC 853 (Supreme Court).
Land Valuation. Capital improved value for ratings purposes. Whether wind turbines are fixtures or chattels. Acting for Valuer-General.
C. Planning
Strachan v LaTrobe City Council [2024] VCAT 541
Planning. Question of Law. Third party exemption from notice, decision and review rights under Bushfire Management Overlay (BMO) and clause 52.29. Acting for the CFA. Unled.
Clifftop at Hepburn v Hepburn Shire Council [2024] VCAT 443
Planning. Application for review of permit refusal for a glamping facility. Land affected by a BMO and located in area of very high bushfire risk. Acting for the CFA. Unled.
Peet Funds Pty Ltd v Wyndham City Council. (Advisory Committee) [2023] PPV 45
Planning. Application for amendment of a planning permit by Peet Funds concerning an application for removal of a prohibition against residential subdivision in a buffer area adjacent to a quarry. Acting for Director of Mines. Application withdrawn. Led by Marita Foley SC.
Clifftop at Hepburn v Hepburn Shire Council [2023] VCAT 224
Planning. Admissibility of expert evidence. Acting for CFA. Unled.
Nota v Banyule City Council [2022] VCAT 376 (Ex Tempore Judgment).
Planning. Application for review of decision to refuse to grant a permit. Acting for the developer. Unled.
City of Melton & Ors v Minister for Planning [2022] VCAT 179
Planning. Solar Farm proposed in a Green Wedge Zone. Application of Local Policies with landscape protections. Acting for the Minister for Planning (Responsible Authority). Unled.
OTR 16 Pty Ltd & OTR 169 Pty Ltd v Mildura Rural City Council [2019] VCAT 27
Planning. Application for review of decision to refuse to grant a planning permit for a proposed convenience store and service station ‘On The Run’ in Mildura. Acting for developer. Unled.
OTR 129 Pty Ltd & OTR 130 Pty Ltd v Horsham Rural City Council [2018] VCAT 1778
Planning. Application for review of decision to refuse to grant a planning permit for a proposed convenience store and service station ‘On The Run’ in Horsham. Acting for developer. Unled.
Fishermans Bend Planning Review Panel (AC) [2018] PPV 71 (Advisory Committee)
Planning. 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. Acting for City of Melbourne. Led by Juliet Forsyth (now SC).
D. Environment
Barro Group Pty Limited v Environment Protection Authority [2023] VCAT 297
Environment. Applications for stay of a decision to revoke a landfill operating licence and for stay of proceedings under Environment Protection Act 2017. Concurrent criminal proceedings. Acting for EPA. Unled.
Paul de Ionno (Delegate of the Director of Mines) v Lucas Total Contract Solutions Pty Ltd [2023] SAERDC 8
Environment. Civil Penalty Proceedings concerning sand mining without an authorisation during construction of a wind farm at Lincoln Gap near Port Augusta. Environment, Resources and Development Court of South Australia. Acting for defendant. Unled.
Quiamong Securities Pty Ltd v Minister for Energy, Environment and Climate Change (Red Dot) [2021] VCAT 1188
Environment. Disputed removal of a conservation covenant from land under Conservation Forests and Lands Act 1987. Acting for Minister for Environment. Unled.
Minister for the Environment v ACN Pty Ltd [2020] FCA 1557 (Federal Court of Australia)
Environment. Civil Penalty Proceeding concerning importation of synthetic greenhouse gas for use in fire protection equipment. Unled for defendant
E. Public and administrative law
BUB17 v Minister for Immigration and Border Protection [2020] FCCA 204 (Federal Circuit Court of Australia)
Migration. Unled.
FCT17 v Minister for Immigration & Anor [2019] FCCA 1167 (Federal Circuit Court of Australia)
Migration. Unled.
Xenophon v Secretary, Department of Defence [2019] AAT 3667
Freedom of Information. Appeal regarding decision to refuse production of documents in reliance on exemptions of defence of the Commonwealth and international relations relating to proposed future submarine project. Unled.
EOD17 v Minister for Home Affairs [2018] FCCA 3323. (Federal Circuit Court of Australia)
Migration. Interlocutory judgment on reinstatement. Unled.
Fati v Minister for Home Affairs [2018] FCA 52 (Federal Court of Australia)
Migration. Unled.
F. Commercial litigation
D & C Homes v Yang [2018] SADC 36
Building and Construction. Appeal to a Judge of the District Court from orders of summary judgment by a Magistrate in a building and construction dispute
Commercial Litigation. Advising on a large commercial dispute including claims of oppressive conduct, breach of contracts and misrepresentations in the Supreme Court (2018). Led by Patrick O’Sullivan QC (now His Honour Justice O'Sullivan of the Federal Court of Australia).
Commercial Litigation. Advising on application of the anti-money laundering provisions of the Commonwealth (2018)
Commercial Litigation. Appeal on a quantum meruit claim by an unlicensed builder in the Supreme Court (2018)
Aqua Max Water Filtration Solutions v Hurtado [2017] SASC 165
Appeal to a Judge of the Supreme Court from an interlocutory decision of a Magistrate to refuse a stay. Unled.
Estate litigation for claimants under inheritance, wills and probates legislation in Supreme Court of South Australia (2017 – 2018). Settled.
Commercial Litigation. Defending an application for a freezing order in the Supreme Court of South Australia (2017)
Commercial Litigation. Unfair preference claims in the Magistrates Court and Federal Circuit Court (2017, 2018)
