RiaernRoyal 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).
Cases
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.
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 authorsation during construction of a wind farm at Lincoln Gap near Port Augusta. Environment, Resources and Development Court of South Australia. Acting for defendant. 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 Application withdrawn.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.
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.
Clifftop at Hepburn v Hepburn Shire Council [2023] VCAT 224
Planning. Admissibility of expert evidence. Acting for CFA. Unled.
Clifftop at Hepburn v Hepburn Shire Council [2023] VCAT 201
Planning. The extent and scope of third party exemptions from notice and review rights under a Bushfire Management Overlay in the Planning Scheme. Proposal for a glamping facility in Hepburn Springs. Acting for CFA. Unled.
Box Hill OHP Pty Ltd v Whitehorse City Council [2023] VCAT 949
Planning. Convenience retail. Application for review of decision to refuse to grant a planning permit for proposed convenience store and service station ‘On The Run’ in Mont Albert. Acting for developer. Unled. (On appeal)
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)
Hengyi (33 Jackson Road) JV Pty Ltd v Mornington Peninsula SC [2022] VCAT 896
Planning. Application for permit for a retirement village on a 3.5 ha coastal site in Mount Eliza raising issues of heritage, traffic, native vegetation removal, amenity and neighbourhood character. Acting for the developer. Led by Jeremy Gobbo QC.
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.
Eagle Developments Pty Ltd v Banyule City Council [2022] VCAT 520
Planning. Amendment to permit in Eaglemont for a 3rd level on a two-story apartment building approved by VCAT raising issues of views and neighbourhood character. Acting for the developer. Led by Paul Connor QC.
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.
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. 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.
BUB17 v Minister for Immigration and Border Protection [2020] FCCA 204 (Federal Circuit Court of Australia)
Migration. Unled.
Minister for the Environment v ACN Pty Ltd [2020] FCA 1557 (Federal Court of Australia)
Environment. Civil Penalty Proceeding concerning importatation of synthetic greenhouse gas for use in fire protection equipment. Unled for defendant.
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.
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.
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 SC.
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.
Thuc Tran Mok Lao v Maroondah City Council [2018] VCAT
Planning. Residential subdivision. Objector appeal against conditions of permit. Unled.
DSL Securities Pty Ltd v Cardinia Shire Council [2018] VCAT 212
Planning. Application for review of a refusal to extend of time in which to commence development and application for declarations regarding commencement of works regarding a proposed gaming venue. 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.
D & C Homes v Yang [2018] SADC 36
Building and Construction. Assisted with 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 P O’Sullivan QC (now Judge 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 against the refusal of a stay application to a Judge of the Supreme Court from an interlocutory decision of a Magistrate. 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)
Selected Publications
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).
