Suganya Pathan ( Pathanjalimanoharar )

Suganya has a broad practice in public and commercial law. She regularly appears on behalf of both government and private clients.

Since coming to the Bar, she has appeared in the Supreme, County and Magistrates’ Courts, as well as in the Federal Court and the FCFCOA. She has also appeared in various royal commissions, inquiries, inquests and planning panels.

She has a particular interest in matters involving the use of expert witnesses and technical evidence.

Suganya also often appears in the Victorian Civil and Administrative Tribunal (VCAT), including in the Planning and Environment Division, the Review and Regulation List, and the Human Rights Division.

Some of Suganya’s recent cases are listed at the Extended Biography tab above.

Suganya commenced her career at Herbert Geer (now Thomson Geer) where she was a commercial litigator for five years. She has also been a Principal Solicitor at the Environment Protection Authority and at the Department of Health and Human Services.

Suganya recently completed her Master of Public & International Law at the University of Melbourne, with a First Class Honours average mark. She also has Bachelor degrees in Law (with Honours) and Science (majoring in Mathematics & Statistics) from the same university.

Suganya read with Georgina Costello KC and her senior mentor is Claire Harris SC.

Nonferral Recycling Pty Ltd v EPA [2023] VSC 292

Application for declaratory relief as to validity of clean up notices issued under the Environment Protection Act 1970 — led by Tom Howard SC, for the Defendant

 

Daemen v Kingston CC [2023] VCAT 802 (18 July 2023)

Application for planning permit where threshold distance not met and objectors raised amenity (odour) issues — unled, for referral authority

 

Dau and Minister for Immigration, Citizenship, and Multicultural Affairs (Migration) [2023] AATA 472 (23 March 2023)

Successful merits review of character cancellation decision — unled, for the Applicant

 

Bayside Residents for Council Accountability Inc v Bayside CC [2022] VCAT 606

Application for declarations under the Planning and Environment Act 1987 — unled, for the Applicant

  

AAN17 v Minister for Immigration and Border Protection [2021] FCA 1541

Judicial review of migration decision — instructed by VLA for the Applicant

 

Crib Point Project Inquiry (EES) [2021] PPV 11 (22 February 2021)

Environment Effects Act Inquiry and Advisory Committee and Panel considering a proposed gas import jetty facility at Crib Point and gas transmission pipeline — with Jane Sharp, Robert Forrester and Sean McArdle, instructed by Environmental Justice Australia on behalf of 3 environmental groups who successfully opposed the project

 

Distinctive Areas and Landscapes Standing Advisory Committee - Referral No 2 (AC) [2022] PPV 41

Acted for a party in DALSAC hearings concerning the Bellarine Peninsula Statement of Planning Policy

 

Fire Rescue Commissioner v Building Appeals Board & Ors [2021] VSC 217

Judicial review of decision of Buildi

ng Appeals Board — led by Georgina Costello KC, for the Fire Rescue Commissioner

 

Advanced Composting Technology Australasia Pty Ltd v Environment Protection Authority [2021] VCAT 448
Merits review of decision to refuse works approval for composting facility processing medium and high risk organic wastes — unled, for the EPA

 

South Gippsland Region Water Corporation v Environment Protection Authority [2020] VCAT 931
Preliminary hearing on a question of law regarding EPA powers to issue pollution abatement notices — unled, for the EPA

 

Renex Op Co Pty Ltd v Environment Protection Authority [2020] VCAT 782
Application for summary dismissal of a third-party review application under the Environment Protection Act 1970, heard together with application for declarations — unled, for the EPA

 

Matuschka v Glenelg SC [2020] VCAT 1452 
Proceedings reviewing the grant of a Council planning permit and an EPA works approval — unled, for the EPA

 

Re LB [2020] VSC 232 (30 April 2020)
Major review of a custodial supervision order under the Crimes (Mental Impairment & Unfitness to be Tried) Act 1997 — unled, for the Secretary to the Department of Health and Human Services

 

Australian Education City v Victorian Planning Authority [2020] VSC 177
Judicial review proceeding — led by Georgina Costello KC and with Adam McBeth, for the Plaintiff

 

Millar v Ropeload Pty Ltd [2020] FCA 725
Misleading and deceptive conduct under the Corporations Act and ASIC Act — led by Michael Wyles KC, for the Applicant

 

DKT16 v Minister for Immigration and Border Protection [2019] FCAFC 208
Appeal from a migration decision of the Federal Circuit Court — unled, for the Appellant

 

Re HP (No 2) [2019] VSC 768
Review of a non-custodial supervision order under the Crimes (Mental Impairment & Unfitness to be Tried) Act 1997 — unled, for the Secretary to the Department of Health and Human Services

 

Inquiries, Inquests and Royal Commissions

St Basil’s Inquest (2021) — led by Mary Anne Hartley KC (and with others) on behalf of the Victorian Department of Health

COVID-19 Hotel Quarantine Inquiry (2020) — led by Claire Harris SC (and with others) for the Department of Health and Human Services

Federal Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability — led by Claire Harris SC as part of a counsel team for the State of Victoria

State Royal Commission into Victoria’s Mental Health System — led by Claire Harris SC as part of a counsel team for the State of Victoria

   

Other matters

Representing both applicants and respondents in discrimination / equal opportunity matters in the Victorian and federal jurisdictions, including where issues arise under the Charter of Human Rights and Responsibilities Act 2006

Regulatory prosecution / defence under the Occupational Health and Safety Act 2004 and the Environment Protection Act 2017