Suganya Pathan ( Pathanjalimanoharar )

Suganya has a broad practice in public and commercial law.

She regularly appears on behalf of both government and private clients, in courts and tribunals as well as royal commissions, inquiries and planning panels.

Before coming to the Bar, Suganya was a Principal Solicitor at the Environment Protection Authority and at the Department of Health and Human Services. She previously practised in commercial litigation and insolvency at Herbert Geer (now Thomson Geer) for five years.

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

Suganya read with Georgina Costello KC and her senior mentor is Claire Harris SC (now Justice Harris of the Supreme Court of Victoria).

Some cases

Fosterville Gold Mine Sustained Operations Project Inquiry (EES) [2024] — unled, for EPA

Jongebloed v Victorian Workcover Authority (Review and Regulation) [2024] VCAT 978 — Summary dismissal of application for review of decision to cancel provisional improvement notice — unled, for the Authority

SBI Landfill Pty Ltd v Environment Protection Authority [2024] VCAT 697 — Interlocutory application for production of documents — led by Richard Knowles KC, for the Authority

Environment Protection Authority v RF [2024] VCC — Application in Commercial Division for orders under s 309 of Environment Protection Act 2017 — unled, for the Authority

Department of Treasury and Finance v Davis (Review and Regulation) [2024] VCAT 618 — Review of decision of OVIC under FOI Act — unled, for the Department

Greco v Mansfield SC [2024] VCAT 91 — Successfully opposed reduction in width of existing carriageway easement — unled, for Applicant

Le v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] FCA 1547 — Appeal from FCFCOA decision regarding partner visa — led by Georgina Costello KC, for the Applicant

Nonferral Recycling Pty Ltd v EPA [2023] VSC 292 — Application for declaratory relief re validity of clean up notices issued under Environment Protection Act 1970 — led by Tom Howard SC, for the Defendant

Ebeyer v Greyhound Racing Victoria Stewards (Review and Regulation) [2023] VCAT 1379 — Review of penalties imposed by Victoria Racing Tribunal — unled, for the Stewards

Bayside Residents for Council Accountability Inc v Bayside CC [2022] VCAT 606 — Application for declarations under Planning and Environment Act 1987 — unled, for the Applicant

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

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 panel 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 Building 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

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

Australian Education City v Victorian Planning Authority [2020] VSC 177
Judicial review proceeding — led by Georgina Costello KC, 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

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

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 

Inquiries, Inquests and Royal Commissions

St Basil’s Inquest (2021) — led by Mary Anne Hartley KC, with Morgan McLay, 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 (2020) — led by Claire Harris SC (and with others)

Royal Commission into Victoria's Mental Health System (2019) — led by Claire Harris SC (and with others)