• Acting in over 25 Class 3 compensation appeal in the Land and Environment Court (100% success rate).

• Acting for Landowners affected by Inland Rail Project.

• Acting for Landowners in respect of compulsory acquisition of land by TfNSW for Parramatta Light Rail project.

• Acting for Landowners in respect of compulsory acquisition of land by RMS for the Coffs Harbour Bypass project.

• Acting for Landowner (and Leaseholder) in respect of compulsory acquisition of land by RMS for road widening purposes.

• Acting for Landowners in respect of compulsory acquisition of land by Department of Education for proposed school.

• Acting for Landowner in respect of compulsory acquisition of land by TfNSW for train station upgrade works.

• Acting for Landowner in Land and Environment Court and Court of Appeal proceedings on a proposed land acquisition which included seeking and successfully obtaining an urgent interlocutory injunction to prevent the acquisition from occurring (Mac's Pty Ltd v Minister Administering Local Government Act 1993 (2007) 155 LGERA 362 and R & R Fazzolari Pty Ltd v Parramatta City Council; Mac's Pty Ltd v Parramatta City Council (2008) 162 LGERA 1).

• Acting for Landowner in respect of compulsory acquisition of land by RMS for the Western Sydney Orbital Road at Hoxton Park.

• Acting for Health Infrastructure in respect of legal challenges brought to compensation in respect of compulsory acquisition of land for purposes of hospital redevelopments (NSW Land and Environment Court).

• Acting for Parramatta City Council in respect of legal challenge brought to compensation offered in respect of compulsory acquisition of land for the purposes of a transport interchange (NSW Land and Environment Court).

• Acting for RMS in respect of legal challenges brought to compensation offered in respect of compulsory acquisition of land for the purposes of a road (NSW Land and Environment Court).

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• Advising confidential client in relation to deposition of asbestos contaminated fill at high profile site in metropolitan Sydney.

• Advising Health Infrastructure on land contamination issues arising for its hospital redevelopments at Westmead and Maitland.

• Advising confidential Urban Developer on contamination issues arising in respect of its major residential accommodation development at Leichhardt.

• Advising Sydney Harbour Federation Trust on contamination issues arising in respect of its restoration and redevelopment of significant Sydney Harbour waterfront site.

• Advising Orica Australia in relation to contamination issues at its legacy site in Botany, NSW including in relation to an Independent EPA review into off-site mercury impacts in proximity to its former chlor-alkali plant.

• Advising Barangaroo Delivery Authority in relation to significant contamination issues associated with a former gasworks facility.

• Advising Furukawa in relation to contamination issues associated with the former copper refinery at Port Kembla.

• Advising Lendlease in relation to waste and contamination issues at a development site.

• Advising Greenland Group in relation to contamination issues associated with the redevelopment of a former contaminated site at Leichardt.

• Advising Toga Group in relation to the management and redevelopment of contaminated sites at Kensington and Surry Hills.

• Advising Transport for NSW in relation to contamination issues identified during development works at several train stations.

• Advising various clients including Orica Australia and George Weston Foods regarding the allocation of contamination risks in sales contracts.

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Due diligence matters are typically carried out on a confidential basis. Our Directors have carried out due diligence on numerous major transactions in the following areas/sectors:

• Major mining projects in NSW, Western Australia, South Australia, and Queensland;

• Major electricity generation and transmission projects in NSW;

• Major solar and wind farm projects in NSW and Victoria;

• Major urban developments projects in NSW;

• Major infrastructure projects in NSW.

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• Advising and acting for Aussie Ark regarding biodiversity conservation licences required to establish insurance populations of endangered native Australian animals.

• Advising Washbox in respect of issues arising under Sydney Water Act and POEO Act.

• Acting for Rous Water in the successful defence of a legal challenge brought to its decision to commence fluoridation of the public water supply (NSW Land and Environment Court).

• Acting for NSW Office of Water in the successful defence of challenges to the validity of a Water Sharing Plan (NSW Land and Environment Court and NSW Court of Appeal).

• Advising NSW Resources Regulator in relation to its powers to regulate the extraction of water from a historic water bore.

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• Advising TfNSW regarding the legislative requirements pertaining to the safekeeping of Aboriginal Objects in the area of a Pacific Highway Upgrade Project.

• Advising Owners' Corporation at Point Piper in respect of potential view loss and heritage impacts caused by proposed development of neighbouring land.

• Advising Landowner in respect of complex heritage and town planning issues associated with proposed development within the curtilage of an item listed on State Heritage Register.

• Advising Greenland Group on strategic planning and heritage floor space issues in a City of Sydney residential tower redevelopment.

• Advising Transport for NSW in relation to heritage issues associated with the upgrade of various heritage listed train stations.

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• In the last 5 years, we have acted for clients in:

  • over 33 Class 1 appeals (98% success rate)

  • over 10 Class 2 appeals (100% success rate)

  • over 25 Class 3 appeals (100% success rate)

  • 4 class 4 appeals (100% success rate)

  • 2 class 5 appeals (100% success rate)

• Acting for Luna Park Sydney (a subsidiary of Brookfield) in relation to:

  • Class 4 judicial review proceedings in the Land and Environment Court challenging the refusal of a private certifier to issue a construction certificate for a new ride.

  • Class 1 merit appeal proceedings in the Land and Environment Court challenging an order issued under the Environmental Planning and Assessment Act 1979 concerning lighting issues.

  • defending Supreme Court of NSW proceedings in relation to claims relating to alleged misrepresentations made in a development application.

• Acting for Goldwind Australia in Class 4 judicial review proceedings in the Land and Environment Court in relation to a decision of the Planning Assessment Commission (now the Independent Planning Commission) to refuse an application to modify the Part 3A Project Approval for the Gullen Range Wind Farm. 

• Acting for QIC Limited in Class 4 judicial review proceedings in the Land and Environment Court in relation to the Stage 3 Expansion of the Castle Towers Shopping Centre and in Class 1 proceedings in relation to its shopping centre at Blacktown.

• Assisting in the successful defence of AGL Energy in Class 4 judicial review proceedings in the Land and Environment Court challenging the validity of its Part 3A Planning Approval brought by the Environmental Defenders Office in relation to a coal seam gas project.

• Acting for Carter Holt Harvey in Class 1 merit appeal proceedings in the Land and Environment Court in relation to a development it opposed on land adjoining its manufacturing facility at Oberon, NSW.

• Acting for Primary Health Care in a successful Class 1 merit appeal in the Land and Environment Court of Council’s refusal to grant development consent for its proposed medical centre at Brookvale.

• Defending Waste Assets Management Corporation in Federal Court proceedings in relation to the alleged supply of asbestos-containing organic material to a mining site.

• Defending Mirvac in Federal Court proceedings in relation to alleged representations about a proposed residential development.

• Acting for Health Infrastructure in respect of legal challenges brought to compensation in respect of compulsory acquisition of land for purposes of hospital redevelopments (NSW Land and Environment Court).

• Acting for Parramatta City Council in respect of legal challenge brought to compensation offered in respect of compulsory acquisition of land for the purposes of a transport interchange (NSW Land and Environment Court).

• Acting for RMS in respect of legal challenges brought to compensation offered in respect of compulsory acquisition of land for the purposes of a road (NSW Land and Environment Court).

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• Acting for Blayney Shire Council in relation to a declaration made under s 10 of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984.

• Acting for Rous Water in the successful defence of a legal challenge brought to its decision to commence fluoridation of the public water supply (NSW Land and Environment Court).

• Acting for Parramatta City Council in respect of legal challenge brought to compensation offered in respect of compulsory acquisition of land for the purposes of a transport interchange (NSW Land and Environment Court).

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• Acting for Landowners with benefit of water licences, Crown Enclosures and Permissive Occupancies in respect of Ngemba/Ngiyampaa People Native Title Claim.

• Advising Health Infrastructure on the native title issues associated with its proposed redevelopment of Maitland Hospital.

• Advising Property NSW in relation to the Aboriginal Land Claim issues associated with a confidential land development project.

• Advising RMS on the native title issues associated with respect to its Pacific Highway Upgrade Project.

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• Advising Gunlake regarding the SSD planning approval pathway for the Gunlake Quarry.

• Advising Owners' Corporation at Point Piper in respect of potential view loss and heritage impacts caused by proposed development of neighbouring land.

• Advising Landowner in respect of complex heritage and town planning issues associated with proposed development within the curtilage of an item listed on State Heritage Register.

• Advising and acting for numerous Landowners in relation to Development Application refusal decisions.

• Advising Catholic Metropolitan Cemeteries Trust in relation to planning issues arising with respect to proposed major cemetery project.

• Advising Lendlease on the planning approval strategy and drafting the voluntary planning agreement for a new commercial office tower at Circular Quay.

• Advising Health Infrastructure on the planning approval strategy and native title issues associated with its redevelopment of hospitals at Gosford, Westmead, Maitland, Blacktown and St George.

• Advising Macquarie on the planning approval strategy for its construction of the Sydney Metro Martin Place Station and associated over station development.

• Advising a confidential bidder in relation to planning issues associated with the acquisition of Westconnex.

• Advising Greenland Group on strategic planning and heritage floor space issues in a City of Sydney residential tower redevelopment.

• Advising Toga Group, Greenland Group and QICin relation to the preparation and negotiation of voluntary planning agreements.

• Advising Luna Park Sydney regarding complex issues relating to the proper construction of its development consents including responses to ‘show cause’ notices and regulatory issues raised by the Department of Planning and Environment.

• Advising Primary Health Care  in relation to planning issues at several medical centres including Brookvale Medical Centre, Corrimal Medical Centre, Dapto Medical Centre, Darlinghurst Medical Centre, Mt Druitt Medical Centre, Munn Street Medical Centre, Nurellan Medical Centre and a proposed medical centre at Fairfield.

• Advising Patrick in relation to approval issues associated with the expansion of its terminal at Port Botany.

• Advising Pacific Partnerships in relation to planning and development issues associated with the ACT Capital Metro.

• Advising Moorebank Intermodal Company on the planning approval strategy for the Moorebank Intermodal Terminal.

• Acting for RMS in the successful defence of challenges to Part 3A approval for the upgrade of a section of the Pacific Highway located in Northern New South Wales (NSW Land and Environment Court and NSW Court of Appeal).

• Acting for Cleanaway in merit appeal proceedings relating to the proposed composting facility at Gerogery (NSW Land and Environment Court).

• Advising Patrick in relation to the requirements to export lead/zinc concentrate.

• Advising Transport for NSW in relation to heritage issues associated with the upgrade of various heritage listed train stations.

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• Acting for Farmers prosecuted under the Water Management Act 2000. Achieved one of the very few occasions when, notwithstanding a guilty plea, no conviction was recorded.

• Advising Company Director in relation to potential liability for serious environmental incident in Victoria.

• Advising numerous Landowners from across NSW in relation to Orders (and Notices of Intention to Issue an Order) given by local councils in respect of alleged unlawful development.

• Advising the NSW Resources Regulator in relation to its powers to investigate and prosecute two confidential mining companies.

• Advising a confidential Central West Quarry Company in relation to statutory investigation brought in relation to alleged breach of mining regulations.

• Advising Sydney Trains in relation to a statutory investigation brought in relation to alleged breaches of EPL conditions including assisting with the incident investigation and responding to statutory notices.

• Defending AGL Energy and Visionstream in relation to prosecutions by the Department of Planning and Environment concerning the disclosure of reportable political donations.

• Advising Boco Rock Wind Farm and Bodangora Wind Farm in relation to regulatory investigations by the NSW Department of Planning and Environment in relation to alleged disturbance of Aboriginal objects.

• Advising Asciano Group (including Pacific National and Patrick) in relation to a number of environmental incidents, regulatory investigations and environmental and safety prosecutions.

• Advising Visy Paper and Recycling in relation to a water pollution incident at its Smithfield site in NSW.

• Defending George Weston Foods in relation to a prosecution by the EPA for a pollution offence.

• Defending Toll Group and Jasol (a division of George Weston Foods) in relation to prosecutions relating to the transportation of dangerous goods.

• Advising Transport for New South Wales in relation to a number of environmental incidents and EPA investigations involving major rail infrastructure projects.

• Advising Thiess regarding the alleged disposal of waste on land by a contractor.

• Advising Luna Park Sydney in relation to a number of regulatory compliance issues raised by the Department of Planning and Environment.

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• Advising YZ Energy in relation to the Upper Hunter (Kyoto) Energy Park.

• Advising New Energy Development in relation to the proposed Wallaroo Solar Farm.

• Advising ACEN in relation to the New England Solar Farm, Stubbo Solar and BESS Project, and the North East Wind Project.

• Advising Infigen in relation to the Bodangora Wind Farm and Bogan River Solar Farm.

• Advising AGL Energy in relation to obtaining and complying with all planning, environment and regulatory approvals in relation to the Nyngan Solar Plant, the Broken Hill Solar Plant (both part of the Commonwealth Solar Flagships Program) and the Silverton Wind Farm.

• Advising FRV in relation to regulatory enforcement issues concerning the Moree Solar Farm and advice and representation on complex regulatory issues under the EPBC Act in relation to the Royalla Solar Farm.

• Advising Goldwind Australia on planning and other approvals and regulatory enforcement issues in relation to the Gullen Range Wind Farm, White Rock Wind Farm, White Rock Solar, Gullen Range Solar, Coppabella Wind Farm and Cattle Hill Wind Farm. Darren also acted for Goldwind in successful Land & Environment Court proceedings challenging the decision of the Planning Assessment Commission to reject a s75W modification application of the project.

• Advising Tilt Renewables in relation to strategic planning and approvals issues in relation to the Rye Park Wind Farm and Kyoto Wind Farm.

• Advising EPYC in relation to the proposed Jupiter Wind Farm.

• Advising First Solar in relation to the Beryl Solar Farm.

• Advising various lenders in relation to several renewable energy projects including the Hornsdale Wind Farm, Glen Innes Wind Farm, Griffiths, Parkes and Dubbo Solar projects, Sunraysia solar farm, Wellington Solar farm and Metz Solar farm.

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