EXPERTISE

 

Administrative Law and Judicial Review

Louise has acted for and advised clients in a broad range of judicial review proceedings in the Land and Environment Court, merit appeals from statutory orders and notices and planning appeals. She has appeared in appeals before statutory tribunals and costs appeals in the Supreme Court of New South Wales and District Court of New South Wales and prepared written advices in relation to decisions of government bodies on land use conflict issues in the areas of mining, water rights, agriculture, forestry and subdivision.

Building and Construction

Louise has represented clients with respect to breach of statutory duty/common law negligence actions against local councils, breach of contract and negligence claims against architects, developers and private certifiers. She has also acted for Owners Corporations in building disputes regarding the application of the Civil Liability Act 2002, Home Building Act 1989 and Environmental Planning and Assessment Act 1979. She has a detailed knowledge of the Building Professionals Act 2005 and its application in practice to the building industry and local government and has worked with the top building and engineering experts in this area.

Real Property and Equity

Louise has represented clients in relation to conveyancing, easements and covenants, as well as Crown land matters and statutory land use rights such as private native forestry PVPs under the Native Vegetation Act 2003 (now repealed).  Louise also has experience in advising and appearing in the complex area of the intersection between Torrens Title land principles and real property interests created by way of strata subdivision and community title subdivision and the application of the Real Property Act 1900 and the Conveyancing Act 1919. Louise is familiar with the practices and procedures of the Registrar General/LPI and the correction of errors and omissions.

Environment and Planning

Louise has appeared in all classes of the Land and Environment Court's jurisdiction, including merit appeals from statutory orders and notices under the Environment Planning and Assessment Act 1979 and planning appeals in relation to development applications before Councils. Her particular area of knowledge and years of experience is in the regulatory and enforcement aspects of the Water Management Act 2000, the Fisheries Management Act 1994, the Marine Estate Management Act 2014, the Protection of the Environment Operations Act 1997, the Native Vegetation Act 2003 (now repealed) and the National Parks and Wildlife Act 1974.  The application of these statutory laws can give rise to complex questions of interpretation and Louise has acted in both litigious and advisory matters seeking to resolve such conflicts. Her clients have included farmers, irrigators, regulators including councils, and public interest and environmental groups. In 2017 the NSW government enacted a significant reform of a suite of environmental laws and Louise has advised on the transitional and savings provisions to the benefit of her client.

Liquor Licensing

Louise gained considerable experience in this area working in-house at the City of Sydney from 2007 to 2009  at the time that the new Liquor Act 2007 came into force. She advised and appeared in cases concerning the previous POPE (place of public entertainment) licences, older development consents for hotels granted by the former South Sydney Council which raised difficult questions of construction of those consents and new applications for development consent for licensed premises and footway dining approvals under the Roads Act 1993.

Local Government

Strata and Community Title

Louise has advised and appeared in relation to strata title disputes in superior courts and NCAT and has extensive knowledge of the application of the Strata Schemes Management Act 2015, the Strata Schemes Development Act 2015, the Community Land Development Act 1989 and  Community Land Management Act 1989. This complements her knowledge of planning and environment law and real property.