Eliza Bergin

Eliza Bergin practices in commercial, public and administrative law, specialising in planning and environmental law, land valuation and compulsory acquisition of land.  

Eliza is briefed to appear for clients in the State Supreme Courts at trial and appellate level, VCAT, the ART and before panels, Royal Commissions and inquiries. Eliza’s experience includes regular appearances in the following areas:

• Planning and environmental proceedings of all types including merits review, enforcement action, declaratory and injunctive relief;
  
• Land valuation, land tax and ratings disputes, rights to compensation from planning reservations,  compulsory acquisition of land and challenges to acquisitions;
• Public and administrative law including Judicial Review, FOI and migration law;
• Commercial litigation with a planning, environment or government aspect.

Eliza also has considerable Royal Commission experience.  Most recently, in 2019-2021, Eliza was appointed as a Counsel to Assist in the Royal Commission into Aged Care Quality and Safety by the Commonwealth Attorney-General. 

Eliza is recommended by clients and peers in the publication The Best Lawyers in Australia™ (2022-2026).  Eliza is a member of the Victorian Planning & Environmental Law Association (VPELA).

RECENT CASES

State Supreme Courts

Mt Cottrell Properties Pty Ltd v Minister for Environment (judgment reserved).  Supreme Court.  Challenge to the acquisition of land in the Western Grasslands Reserve.  Acting for the plaintiff. Led by Nick Tweedie SC.

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.

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.

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.

Aqua Max Water Filtration Solutions v Hurtado [2017] SASC 165

VCAT

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). 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. 

Clifftop at Hepburn v Hepburn Shire Council [2023] VCAT 201.  Planning.  Third party exemption from notice, decision and review rights under Bushfire Management Overlay (BMO). Acting for the CFA. Unled.

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. Led by David Batt KC.

Clifftop at Hepburn v Hepburn Shire Council  [2023] VCAT 224 Planning. Admissibility of expert evidence. Acting for CFA. Unled.

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.

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.

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. Led by Adrian Finanzio KC.

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. Unled.

Eagle Developments Pty Ltd v Banyule City Council [2022] VCAT 520  Planning.  Scale, height and siting of the additional apartment and preferred neighbourhood character.  Amenity impacts including from views.  Led by Paul Connor KC.

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.

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.

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.

Panels

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 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.

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).

Federal Court of Australia / Federal Circuit Court

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

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. 

Fati v Minister for Home Affairs [2018] FCA 52 (Federal Court of Australia)  Migration. Unled. 

EOD17 v Minister for Home Affairs [2018] FCCA 3323. (Federal Circuit Court of Australia) Migration. Interlocutory judgment on reinstatement. Unled. 

ART/AAT

Australian Conservation Foundation Inc v Clean Energy Regulator & Terra Carbon Pty Ltd trading as “GreenCollar” (settled).  Freedom of Information.  Review of decision of Clean Energy Regulator relating to forestry projects approved under the Australian Carbon Credit Units scheme. Unled.  Settled at compulsory conference.

Patrick and Secretary, Department of Climate Change, Energy, the Environment and Water (Freedom of information) [2024] ARTA 21.  Freedom of Information.  Review of decision of Secretary, Department of Climate Change, Energy, the Environment and Water with respect to documents relating to a liquid fuel emergency.  Acting for the Secretary.  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. 

Commonwealth Royal Commission

Royal Commission into Aged Care Quality and Safety   I was appointed Counsel to Assist the Royal Commission (January 2019 – February 2021). The 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 team was instructed by the Office of Solicitors Assisting (Australian Government Solicitor).

LEADERSHIP

Member of the List Committee, Foley’s List (2025 - current)

Secretary of the Commercial Bar Association (CommBar) Planning & Environment Law Section (2025 – current)

AICD Voluntary Company Directors Course – Governance of Not-For-Profit Organisations (2018)

Chair, Planning and Local Government Committee, Planning and Environment Law Section, Law Institute of Victoria (2016-2017)

Secretary, St Kilda Cycling Club Inc. (2015-2017)

SELECTED PUBLICATIONS

Emma Peppler and Eliza Bergin, 'An update on Environment Protection in Victoria - Insights from Recent Decisions under the Environment Protection Act 2017', Foley’s List Podcast (July 2025)

Peter Gray QC and Eliza Bergin, ‘Compulsory notices in Royal Commissions and other statutory Inquiries: Justice with efficiency or mission creep?’ Australian Institute of Administrative Law Forum vol 103 (December 2021)

Emma Peppler and Eliza Bergin, 'The New Environment Protection Act.' Foley’s List Podcast (November 2021)

Book Review 'Contract and the Australian Consumer Law' by JW Carter and L Chan (2019) Law Institute Journal (February 2020)

Administrative law: The implications of Burns v Corbett in tribunal proceedings against interstate residents (October 2018) Bulletin (Law Society of South Australia) 40(9), 36

Book Review ‘Pizer’s Annotated VCAT Act by E Nekvapil’ Law Institute Journal (May 2018) p59

‘Book review: Australian Environmental Law: Norms, Principles and Rules’ Law Institute Journal (September 2016)