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Marita Foley (B.A., LL.B. (Hons)) was admitted to practice in 1995 (in the ACT, 1997 in Victoria) and signed the Bar Roll in 2002.

In 1996, Marita was the Associate to Justice Marcus Einfeld in the Federal Court of Australia and was based in Sydney. Following her time with Justice Einfeld Marita worked at the Victorian Aboriginal Legal Service.

Drawing on her experiences at the legal service, Marita took up a position with a major plaintiff law firm in their major projects department undertaking ground breaking litigation class actions with a particular focus on environmental, mining and trade practices.

Immediately before joining the Bar Marita was a Senior Associate with Maddocks in their Public Law department, practicing predominately in the areas of planning, environment and local government.

Since signing the bar roll Marita has specialized in Town Planning, Local Government and Environmental Law. Marita has appeared before VCAT, Ministerial Panels, and Advisory Committees and in the Supreme Court Land Valuation, Compensation and Planning List and the Court of Appeal.

Marita regularly undertakes pro-bono advice and appearance work and participates in the Victorian Bar's pro-bono referral scheme.

Tel 9225 8644 | Mobile 0412 523 939 | Fax 9225 8940
Email mfoley@vicbar.com.au

Areas of Practice

to Administrative Law
to Criminal Law
to Energy & Resources
to Environment
to Land Valuation And Compensation
to Native Title
to Planning & Local Government
to Wills and Estates

Examples of recent work include:

  • Appear before VCAT as junior counsel on behalf of the City of Melbourne in relation to the development of a 26 storey building at 420 Spencer Street Melbourne. The Tribunal overturned the Minister’s decision to grant a permit: City of Melbourne & Ors v 420 Spencer Street Pty Ltd & Minister for Planning [2003] VCAT 905.
  • Appear as junior counsel on behalf of Iluka Resources Limited on an application for Review filed by environmental groups against a decision to grant a permit for a water pipeline to facilitate transmission of water to Iluka’s processing plant: Victorian National Parks Association Inc v Iluka Resources Ltd [2004] VCAT 20.
  • Appear on behalf of Altona North Landfill Pty Ltd before VCAT in relation to an appeal against a special charge levied by Hobsons Bay City Council. The Tribunal reduced the charge from $213,322 to $53,330.00: Altona North Landfill Pty Ltd v Hobsons Bay City Council [2003] VCAT 1372.
  • Appear on behalf of VicRoads on an appeal by a landowner against a condition imposed on a permit that the landowner pay for the costs of a crossover (estimated cost in excess of $250,000). The Tribunal upheld the condition requiring the landowner and not VicRoads to pay for the crossover: Closter &Oupan Resources Pty Ltd v Moorabool Shire Council and VicRoads [2003] VCAT 532.
  • Appear on behalf of Boroondara City Council in an appeal against a decision to grant a permit for an apartment and townhouse complex in Barkers Road Hawthorn. The Tribunal refused to grant a permit for the proposal: Golden Wing International Pty Ltd v Boroondara City Council [2003] VCAT 1768.
  • Appear as junior counsel on behalf of the City of Melbourne before the Ministerial Advisory Committee on the Commonwealth Games Village. The Committee accepted the submissions made on behalf of City of Melbourne as to the design, layout and environmental performance of the village.

Committees and Boards

  • Environment Victoria Inc. Board – Victoria’s peak body for environmental groups.
  • Brunswick–Coburg Legal Service Committee of Management
  • Victorian Bar New Barristers’ Committee
  • Women Barristers’ Association Committee

From 1 July 2008 liability limited by a scheme approved under Professional Standards Legislation.