Eliza M Bergin
Blog:
https://elizambergin.wordpress.com/writing/
Admitted:
2 Oct 2000
Bar:
27 Jul 2018
Call Foley’s on 03 9225 7777 to discuss availability
PROFILE

Eliza practises in the areas of public and commercial law.  Eliza appears in all major jurisdictions including courts, tribunals, inquiries and royal commissions.   

Planning and Environment Law

Eliza has deep experience as an advocate in planning and environmental law and land acquisition.  Eliza has run high profile, long running and often complex cases for clients regarding issues such as environment, planning, water, waste, climate change, ESD, urban renewal, contamination of land, native vegetation, protected species and protected habitat, contaminants such as PFAS, industrial land use, flooding, fires, natural resources, fisheries, mining, lightspill, traffic and noise.  She is a Recommended Planning and Environment Barrister in Doyle's Guide (2018) and (2019). 

Public and Administrative Law

Eliza also practices in judicial review, FOI, migration law, civil appeals, public law and regulatory prosecutions including ASIC and AHPRA.  She is briefed to appear for clients in the Federal Court and administrative tribunals or boards of inquiry in administrative review.

Eliza has considerable experience in Royal Commissions and Boards of Inquiry.  In January 2019, Eliza was appointed counsel to assist the Aged Care Royal Commission. In this role to date she has appeared in Adelaide, Perth and Broome.

Commercial Law

Eliza represents clients in building and construction litigation and arbitration, contractual disputes, leasing disputes, commercial disputes, consumer law, trade practices, competition, bankruptcy and insolvency.  She often advises on inter-state disputes dealing with legal issues arising in multiple jurisdictions or complex commercial transactions involving choice of jurisdiction.

Background

Prior to coming to the Bar, Eliza practised as a solicitor for 17 years including senior roles as a Principal Solicitor at VGSO (2010-2017) and Senior Associate at King & Wood Mallesons (2004-2010).  She was Associate to Justice Peter RA Gray AM of the Federal Court of Australia (2001-2002).

Recent significant cases

  • Appointed counsel to assist the Royal Commission into Aged Care Quality and Safety instructed by the Australian Government Solicitor and the Official Secretary to the Commission established by Letters Patent on 6 December 2018. Led by P Gray QC, T McEvoy QC (until March 2019) and P Rozen QC (from April 2019)
  • Urban renewal - Advisory Committee - Fishermans Bend (2018, Led by J Forsyth, Instructed by City of Melbourne) Advisory Committee into proposed Planning Scheme Amendment GC81 to Melbourne and Port Phillip Planning Schemes including 45 hearing days and 253 submitters Fishermans Bend Planning Review Panel (AC) [2018] PPV 71
  • Planning - Convenience retail - Appearing for permit applicant before VCAT regarding proposed service station ‘On The Run’ in Horsham (2018) OTR 129 Pty Ltd & OTR 130 Pty Ltd v Horsham Rural City Council [2018] VCAT 1778  (unled)
  • Planning - Convenience retail - Appearing for permit applicant before VCAT regarding proposed service station ‘On The Run’ in Mildura (2018) OTR 16 Pty Ltd & OTR 169 Pty Ltd v Mildura Rural City Council [2019] VCAT 27 (unled)
  • Advising on a large commercial dispute including claims of oppressive conduct, breach of contracts and misrepresentations in the Supreme Court of Victoria (2018, Junior Counsel to P O’Sullivan QC (now His Honour Judge O’Sullivan of the District Court))
  • Appeal against the refusal of a stay application to a Judge of the Supreme Court of South Australia from an interlocutory decision of a Magistrate (2017) Aqua Max Water Filtration Solutions v Hurtado [2017] SASC 165 (unled)

Please refer to the attached CV for recent examples of matters Eliza has been involved in. 

Liability limited by a scheme approved under professional standards legislation

 

AREAS OF PRACTICE
Appellate
Commercial Law
Criminal Law
Energy Law & Resources Law
Environmental Law & Planning Law
Equity & Trusts
Government
Inquests, Inquiries, Tribunals & Commissions
International Law
Public Law & Administrative Law
ALSO ENTITLED TO PRACTICE IN
  • All Australian States and Jurisdictions
  • Federal Court of Australia
  • High Court of Australia
  • South Australia
EXTENDED BIOGRAPHY

Professional experience

  • Barrister, 2017 – Present
  • Principal Solicitor at the Victorian Government Solicitor’s Office, 2010 – 2017
  • Solicitor and Senior Associate at King & Wood Mallesons, 2004 – 2010
  • Legal Officer at the Office of Chief Parliamentary Counsel, 2002 – 2004
  • Judge’s Associate at the Federal Court of Australia to the Hon Peter RA Gray AM, 2001 – 2002
  • Articled Clerk and Solicitor at Minter Ellison, 1999 – 2001

 Qualifications

  • Master of Laws (Environmental Law) (2016) – Australian National University
  • Bachelor of Laws (Hons) (2000) – University of Melbourne
  • Bachelor of Science (1995) – Monash University

Professional Memberships

  • Ordinary Member, Bar Council, South Australian Bar Association Inc
  • Member, Victorian Planning and Environment Law Association 
  • Member, Australian Institute of Administrative Law 
  • Member, Australian Association of Constitutional Law 
  • Chair Planning and Local Government Committee, Planning and Environment Law Section, Law Institute of Victoria (2016-2017)
  • Observer, Conference of Parties 20, United Nations Framework Convention on Climate Change (Peru, 2014)
  • Advocacy coach, GDLP University of Adelaide / Law Society of South Australia (2018, 2019)

Publications and Presentations

  • 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) 59
  • Presentation ‘National Trends in Planning and Environment Law’ for Legalwise Melbourne (13 March 2018)
  • Presentation ‘National Trends in Planning and Environment Law’ for Legalwise Adelaide ‘Planning, Development and Infrastructure Law in SA: A Brave New World’ (7 March 2018)
  • Presentation to the Law Institute of Victoria Government Lawyers Conference – Public Interest Disclosure, Confidentiality and Privilege (October 2017)
  • Presentation to the Law Institute of Victoria Government Lawyers Conference – Information Sharing in Government (November 2016)
  • ’Book review: Australian Environmental Law: Norms, Principles and Rules’ Law Institute Journal (September 2016)
  • Presentation to the Law Institute of Victoria Property Law Update – ‘What’s new in Planning Law?’ (March 2016)
  • Presentation to the Clean Energy Council, Wind Industry Forum on ‘Wind Farms and Applicable Laws with a focus on Planning’ (March 2015)
  • Guest Lecturer, Masters of law subject: Climate Law, University of Melbourne on Wind Energy (May 2015)
  • Victorian Planning and Environment Law Association, Young Professional Group, ‘Key Principles of Wind Farm and Bushfire Management’ (November 2014)
  • VGSO Seminar (2014) ‘Environment and Planning Trends’ 
  • VGSO Seminar (2010) ‘Good Decision-making’ 
  • Eliza Bergin, ‘Powering ahead? The future for wind farms’ (2014) Law Institute Journal 55
  • Eliza Bergin & Isabelle Border, ‘Energy Efficiency – More than a trend’ (2007) COMagazine
  • Property Council of Australia, Sustainability – Green Buildings and Green Leases Melbourne June 2007, Hobart July 2007

 

Profile1

Eliza practises in the areas of public and commercial law.  Eliza appears in all major jurisdictions including courts, tribunals, inquiries and royal commissions.   

Planning and Environment Law

Eliza has deep experience as an advocate in planning and environmental law and land acquisition.  Eliza has run high profile, long running and often complex cases for clients regarding issues such as environment, planning, water, waste, climate change, ESD, urban renewal, contamination of land, native vegetation, protected species and protected habitat, contaminants such as PFAS, industrial land use, flooding, fires, natural resources, fisheries, mining, lightspill, traffic and noise.  She is a Recommended Planning and Environment Barrister in Doyle's Guide (2018) and (2019). 

Public and Administrative Law

Eliza also practices in judicial review, FOI, migration law, civil appeals, public law and regulatory prosecutions including ASIC and AHPRA.  She is briefed to appear for clients in the Federal Court and administrative tribunals or boards of inquiry in administrative review.

Eliza has considerable experience in Royal Commissions and Boards of Inquiry.  In January 2019, Eliza was appointed counsel to assist the Aged Care Royal Commission. In this role to date she has appeared in Adelaide, Perth and Broome.

Commercial Law

Eliza represents clients in building and construction litigation and arbitration, contractual disputes, leasing disputes, commercial disputes, consumer law, trade practices, competition, bankruptcy and insolvency.  She often advises on inter-state disputes dealing with legal issues arising in multiple jurisdictions or complex commercial transactions involving choice of jurisdiction.

Background

Prior to coming to the Bar, Eliza practised as a solicitor for 17 years including senior roles as a Principal Solicitor at VGSO (2010-2017) and Senior Associate at King & Wood Mallesons (2004-2010).  She was Associate to Justice Peter RA Gray AM of the Federal Court of Australia (2001-2002).

Recent significant cases

  • Appointed counsel to assist the Royal Commission into Aged Care Quality and Safety instructed by the Australian Government Solicitor and the Official Secretary to the Commission established by Letters Patent on 6 December 2018. Led by P Gray QC, T McEvoy QC (until March 2019) and P Rozen QC (from April 2019)
  • Urban renewal - Advisory Committee - Fishermans Bend (2018, Led by J Forsyth, Instructed by City of Melbourne) Advisory Committee into proposed Planning Scheme Amendment GC81 to Melbourne and Port Phillip Planning Schemes including 45 hearing days and 253 submitters Fishermans Bend Planning Review Panel (AC) [2018] PPV 71
  • Planning - Convenience retail - Appearing for permit applicant before VCAT regarding proposed service station ‘On The Run’ in Horsham (2018) OTR 129 Pty Ltd & OTR 130 Pty Ltd v Horsham Rural City Council [2018] VCAT 1778  (unled)
  • Planning - Convenience retail - Appearing for permit applicant before VCAT regarding proposed service station ‘On The Run’ in Mildura (2018) OTR 16 Pty Ltd & OTR 169 Pty Ltd v Mildura Rural City Council [2019] VCAT 27 (unled)
  • Advising on a large commercial dispute including claims of oppressive conduct, breach of contracts and misrepresentations in the Supreme Court of Victoria (2018, Junior Counsel to P O’Sullivan QC (now His Honour Judge O’Sullivan of the District Court))
  • Appeal against the refusal of a stay application to a Judge of the Supreme Court of South Australia from an interlocutory decision of a Magistrate (2017) Aqua Max Water Filtration Solutions v Hurtado [2017] SASC 165 (unled)

Please refer to the attached CV for recent examples of matters Eliza has been involved in. 

Liability limited by a scheme approved under professional standards legislation