Richard Lancaster SC is a barrister practising from the Fifth Floor, St James Hall, Sydney

Areas of practice are primarily:

Administrative and constitutional law

Richard has a broad practice in public law (administrative law, judicial review and constitutional law) in the Federal Court, the NSW Supreme Court and the NSW Land and Environment Court. Some examples are set out here, for others please refer to the searchable index of cases below, or to the environmental law tab below.

  • Tarkine National Coalition Inc v Minister for the Environment [2015] FCAFC 89, (2015) 321 ALR 551, (2015) 208 LGERA 379. The appeal involved a challenge to the Minister’s decision under the Environment Protection and Biodiversity Conservation Act 1999 to approve proposed action by Venture Minerals to develop and operate a mine in north-west Tasmania, including a challenge to the validity of a bilateral agreement between Tasmania and the Commonwealth.
  • Spencer v Commonwealth of Australia [2015] FCA 754; (2015) 328 ALR 16. Among the many issues in this case were questions of constitutional law about the interaction of federal laws, intergovernmental agreements and State legislation and, in particular, whether State laws restricting native vegetation clearance amounted to the acquisition of property on farming land.
  • Perrett v Attorney General of the Commonwealth (2015) 232 FCR 467; [2015] FCA 834. Appeared for the Attorney General (Cth) in proceedings concerned the validity of a legislative instrument increasing fees payable in the Family Court, following disallowance by the Senate of an earlier instrument that also set fees. Issues included the standing of members of Parliament to challenge the validity of legislative instruments and whether the later instrument was the 'same in substance' as earlier instrument.
  • A v Independent Commission Against Corruption (2014) 88 NSWLR 240, [2014] NSWCA 414, (2014) 319 ALR 670. Appeared for ICAC in an appeal from a judicial review claim by a person served with a summons in an ICAC investigation. Issues included the interpretation of provisions of the ICAC Act and their constitutional validity in light of the implied freedom of communication in respect of government and political matters.
  • Jones v Chief of Navy [2012] FCAFC 125, (2012) 205 FCR 458. Appeared for the Chief of Navy in an application by a former Lieutenant Commander in respect of his conviction of crimes against the Defence Force Discipline Act 1982 (Cth). Issues included the adequacy of directions given to the panel of the General Court Martial, the operation of relevant provisions of the Crimes Act 1900 (ACT) and the scope of the requirement of trial by jury in s 80 of the Constitution.

Appeals

  • In the High Court of Australia: Richard has appeared in many appeals and special leave applications, including Attwells v Jackson Lalic Lawyers [2016] HCA 16 (appeared for the Law Society of New South in an appeal redefining advocate’s immunity from suit); EMI Songs v Larrikin Music Publishing (2011) (music copyright); Shafron v Australian Securities and Investments Commision (2012) (duties of directors and general counsel); Roadshow Films v iiNet (2012) (copyright and ISPs); Tolson v Roads and Maritime Services (2014) (compulsory acquisition of property); and Hunter v Hanson (2015) (procedure, limitation of actions and defamation). Before taking silk in 2009 he also appeared as the advocate in High Court appeals, Minister for Immigration v SZKTI (2009) (interpretation of Migration Act) and Macedonian Orthodox Community Church St Petka (2008) (powers and duties of a trustee of a charity), and as junior counsel in many appeals including Kartinyeri v Commonwealth (1998) (the ‘races power’ and validity of State legislation), Bass v Permanent Trustee (1999) (liability of NSW under the Trade Practices Act) and Re Patterson; Ex parte Taylor (2001) (decision making under the Migration Act).
  • In the NSW Court of Appeal: Richard appears regularly in the NSWCA, including more than 20 decided cases in that Court in the last three years, such as RMS v Allandale Blue Metal (2016); Perilya Broken Hill v Valuer-General (2015), Community Housing Ltd v Clarence Valley Council (2015), A v Independent Commission Against Corruption (2014) and State of NSW v Talovic (2014).
  • In the Full Court of the Federal Court of Australia: including, for example, Tarkine National Coalition v Minister for the Environment (2015), Quikfund Australia v Prosperity Group (2013) and Jones v Chief of Navy (2012).

Commercial law

Richard has appeared in a large variety of commercial disputes, at trial and on appeal, in the Supreme Court of New Wales, the Federal Court of Australia and other jurisdictions. He has full registration as a foreign lawyer with the Singapore International Commercial Court. Some examples are:

  • Oztech Pty Ltd v Public Trustee of Queensland [2016] FCA 785 (current). Appear for the applicant in representative proceedings in the Federal Court that arise out of the respondent’s role as the trustee for noteholders in the Octaviar Notes Trust, in which the trustee is alleged to have failed to act promptly or sufficiently to protect the interests of the noteholders.
  • Pavlovic v Universal Music Australia (2015) 90 NSWLR 605; [2015] NSWCA 313 and [2015] NSWSC 791. Appeared for Universal Music Australia. Issues included whether there was a binding agreement in existence from solicitors' email exchanges and whether solicitors had actual authority or ostensible authority to bind their client to a contract for settlement of the dispute.
  • Brown v Health Services Union (HSU East proceedings) [2012] FCA 644, (2012) 205 FCR 548. Appeared for NSW Minister for Finance and Services in applications for the approval of a scheme and appointment of an administrator to the State union and Federal Branches of the Health Services Union.
  • ASIC v Hellicar; Shafron v ASIC (James Hardie case) (2012) 247 CLR 347 and (2012) 247 CLR 465. Appeared as co-Senior counsel (with Bret Walker SC) for Mr P Shafron at trial in the NSW Supreme Court, and on appeal to the NSW Court of Appeal and the High Court of Australia, in civil penalty proceedings brought by ASIC against the directors and officers of James Hardie for contraventions of s 180 of the Corporations Act 2001. Trial and NSWCA appeal reported in 83 ACSR 620; 81 ACSR 85; 256 ALR 199.
  • HIH Royal Commission Dec 2001, Feb to Jul 2002, Sep to Dec 2002, Jan 2003. Appeared as counsel (and often as the advocate) for Arthur Andersen, instructed by Baker & McKenzie. The Royal Commission sat for more than 200 days and took oral evidence from 128 witnesses. The issues included the effect of, and proper accounting for, a number of reinsurance arrangements; the adequacy of numerous aspects of the audits of FAI and HIH over a number of years; and the general management and corporate governance practices of HIH.

Competition and consumer law

Richard regularly advises and appears in proceedings involving competition and consumer law issues. The appearances include:

  • Novartis Pharmaceuticals Australia v Bayer Australia [2015] FCA 35, (2015) 111 IPR 1. Appeared for Bayer in successful defence of allegations of misleading or deceptive conduct in the promotion of medicine for the treatment of age-related macular degeneration.
  • Australian Competition and Consumer Commission v Pirovic Enterprises [2014] FCA 544. Appeared for the respondent in a claim arising from the use by the respondent of the description "free range" in the sale of eggs.
  • Showtime Touring Group v Mosley Touring Inc [2013] NSWCA 53, (2013) 296 ALR 597. Appeared for Mosely Touring, a company controlled by the rapper Timbaland. Issues included the principles applicable to the pleading of accessorial liability under s 75B of the Trade Practices Act 1974.
  • Quikfund (Australia) v Prosperity Group International [2013] FCAFC 5, (2013) 209 FCR 368. Issues included (i) whether a finance broker / introducer was an agent of lessor under equipment leases, (ii) whether lessor liable for misleading and deceptive conduct, as a linked credit provider or otherwise under ASIC Act or TP Act, (iii) the operation of ss 51AF and 73 of the TP Act.
  • SC Johnson & Son v Reckitt Benckiser (Australia) [2012] FCA 1266, (2012) 298 ALR 215. Appeared for the applicant in a claim under s 18 of the Australian Consumer Law in respect of the representations made on packaging of products sold as the Mortein NaturGard household insecticide system.
  • Singtel Optus v Vodafone [2010] FCA 1448. Appeared for Vodafone, instructed by Allens. Trade practices - application for interlocutory injunction to restrain television advertising campaign.

Environmental, local government and planning law

Richard's advocacy experience in this area includes numerous trials and appeals in proceedings for judicial review of local and State government decisions; matters connected with compensation for the compulsory acquisition of land and the valuation of land (including mining land and heritage restricted land); contamination and remediation obligations of property owners, and the powers and procedures of the Land and Environment Court of New South Wales.

He frequently advises and appears for government clients (Ministers for the Environment of both the State and Commonwealth) and private clients, including Australian and international corporations involved in mining and resources, commercial and residential property development, agriculture and energy. For example, he is currently retained by Sydney Metro, Australia’s largest public transport project.

Richard is currently the President of the Environment and Planning Law Association (NSW), an association of more than 750 individual and corporate members who are lawyers and other professionals from public and private sectors involved in environmental law, local government, property and planning law.

Examples of advocacy experience in this area are:

  • Barangaroo Delivery Authority (2015-2016). Appear for the BDA in various court proceedings and alternative dispute resolution processes concerning the planning and development of, and remediation of contamination in, land at Barangaroo.
  • Roads and Maritime Services v Allandale Blue Metal [2016] NSWCA 7. Appeared for Allandale Blue Metal in an appeal concerning compensation for compulsory acquisition of land used as a blue metal quarry. Issues included the application of the statutory provisions concerning market value and loss attributable to disturbance and whether compensation should be reduced by reason of the interest of a lessee of the property.
  • Perilya Broken Hill Ltd v Valuer-General [2015] NSWCA 400. Appeared for the appellant in a matter concerning the methodology and assumptions required when undertaking a statutory valuation of land used for mining (silver, lead and zinc).
  • Philip v JPM Developments [2015] NSWSC 145, (2015) 17 BPR 33,887. Appeared in these proceedings in the NSW Supreme Court for the plaintiffs, who successfully enforced their rights under registered easements for a right of carriageway, preventing a proposed development of the land that constituted a substantial interference with their enjoyment of the right of carriageway.
  • Clean Energy Finance Corporation (2013-2015). Advice on various issues to CEFC.
  • Tempe Recreation (D.500215 and D.1000502) Reserve Trust v Sydney Water Corporation (2014) 88 NSWLR 449, [2014] NSWCA 437. Appeared for Sydney Water Corporation. Issues included the interpretation of easements acquired by SWC for the operation of the water supply pipeline from the Sydney desalination plant and the determination of the appropriate amount of compensation to the Reserve Trust under the provisions of the Crown Lands Act 1989.
  • Warkworth Mining v Bulga Milbrodale Progress Association (2014) 86 NSWLR 527, [2014] NSWCA 105. Appeared for the second respondent and cross-appellant, the Minister for Planning (NSW). Appeal from decision refusing development application for major infrastructure project under Part 3A of the Environmental Planning and Assessment Act 1979 to extend the Warkworth coal mine in the Hunter Valley, on grounds including relevant and irrelevant considerations and denial of procedural fairness.
  • Fullerton Cove Residents Action Group v Dart Energy (No 3) [2013] NSWLEC 38, (2013) 195 LGERA 229. Appeared for Dart Energy. Judicial review of decision to approve pilot coal seam gas exploration project. Grounds included alleged breaches of ss 111 and 112 of the Environmental Planning and Assessment Act 1979.

Equity, charities and trusts

Richard has extensive experience appearing in cases dealing with equity, charities and trusts, such as:

  • Community Housing Limited v Clarence Valley Council (2015) 90 NSWLR 292; [2015] NSWCA 327 Charitable trusts - whether providing housing for low income persons is charitable - whether providing vocational training is charitable. Local government - whether land owner was a public charity and exempt from rates. Courts - whether the supervisory jurisdiction of the LEC was impliedly excluded by a specific right of appeal.
  • Roads and Maritime Services v Rockdale Municipal Council [2015] NSWSC 1844. Supreme Court case in which the council held land on trust for a county road and other purposes and RMS brought proceedings to interpret the trusts and declare its rights in respect of the land. Issues also included the interaction of the trust obligations with the provisions of the Local Government Act 1993 (NSW) and whether the trust purposes were impractical or impossible and required a cy pres scheme.
  • Metropolitan Petar v Mitreski [2009] NSWSC 106. Appeared on many occasions for the Attorney General (NSW) is this long running charities and trusts dispute. At the centre of the case were questions about the extent of authority of the Bishop of the Macedonian Orthodox Church and alleged breaches of trust and church law.
  • Macedonian Orthodox Community Church St Petka Inc (2008) 237 CLR 66. Lead counsel for the State of NSW in the High Court of Australia in this appeal concerning trustees, judicial advice and charitable trusts.
  • Northern Sydney and Central Coast Area Health Service v Attorney General [2007] NSWSC 881. Charitable trust proceedings concerning whether the purposes of the charitable gift of the house and land known as Graythwaite at North Sydney had failed and whether a cy pres scheme should be settled.
  • Radmanovich v Nedeljkovic (2001) 52 NSWLR 641. Complicated charitable trust proceedings in relation to property of the Serbian Orthodox Church and numerous issues of equity and trusts. Appeared for the Attorney General (NSW).
  • For many years Richard has been the author of the “Charities” chapter in the LexisNexis publication “Court forms, Precedents and Pleadings NSW”.

Intellectual property

Since 2009 Richard has appeared in a number of significant copyright and patent proceedings. He advises and appears regularly in intellectual property disputes (in particular, music and film copyright). Some examples are:

  • Currently acting for the applicants Foxtel, Roadshow Films and US movie studios in Australia’s first proceedings in the Federal Court in which a site blocking order is sought to require ISPs to block internet access (to Pirate Bay and similar sites) under s 115A of the Copyright Act 1968.
  • Dallas Buyers Club LLC v iiNet [2015] FCA 1437, 838, 422 and 317; (2015) 112 IPR 1; 114 IPR 297. Appeared for six internet service providers resisting preliminary discovery of information about account holders for the purposes of a potential claim against individuals alleged to have used the connection provided by the ISPs to infringe copyright in the film "Dallas Buyers Club". The applicant eventually abandoned the litigation.
  • Seven Network (Operations) v Endemol Australia and Nine Network [2015] FCA 800, (2015) 114 IPR 287. Proceedings in which Seven, which owns copyright in ‘My Kitchen Rules’, sought an interlocutory injunction to restrain broadcast by the respondents of the series of reality television cooking program The Hotplate, based on alleged infringement of copyright in literary and dramatic works (including ‘format copyright’).
  • ObjectiVision Pty Ltd v Visionsearch Pty Ltd [2014] FCA 1087, (2014) 108 IPR 244. Preliminary discovery of computer source code and software development materials, in respect of a potential right to relief arising from alleged copyright infringement and misuse of confidential information.
  • Apple Inc v Samsung Electronics Co (hearing in 2013 over 55 days). Appeared as co-senior counsel for Samsung in defence of Apple's claims of patent infringement in respect of 11 Samsung devices, involving 19 standard and innovation patents for mobile phone user interface features and touchscreen technology. Samsung cross-claimed for invalidity. Heard by two judges of the Federal Court of Australia sitting together, the first time that procedure had been adopted. Separate proceedings commenced by Samsung sought judicial review of decisions of the Commissioner of Patents. August 2014 international settlement.
  • Roadshow Films v iiNet (2012) 248 CLR 42. Appeared for iiNet (with co-senior counsel) at trial and on appeal to FCAFC and HCA. Claims under the Copyright Act 1968 that iiNet authorized its subscribers or users to infringe copyright by downloading movies using BitTorrent. In the Federal Court see (2011) 194 FCR 285 and (2010) 263 ALR 215.
  • EMI Songs Australia v Larrikin Music Publishing (Kookaburra case) [2011] HCATrans 284; (2011) 191 FCR 444; (2010) 188 FCR 321; (2010) 263 ALR 155. I appeared for Larrikin at trial, on appeal to the Federal Court and for the respondent in an application for special leave to appeal to the High Court. The proceedings were a successful claim by Larrikin under the Copyright Act 1968 and Trade Practices Act 1974 in respect of the reproduction of a substantial part of the song "Kookaburra sits in the old gum tree" in the song "Down Under" by the Australian band Men at Work.
Richard Lancaster SC, barrister
 
 
 
 

Professional appointments and memberships

  • Editor of the Australian Law Reports (since August 2008). The ALR series is published by LexisNexis and reports cases in the High Court, the Federal Court and intermediate courts of appeal of the States and Territories
  • Delegate of the President of the Australian Human Rights Commission (from time to time since 2013), responsible for the conduct of various inquiries into complaints made under the AHRC Act 1986 (Cth) by persons alleging an act or practice may be inconsistent with or contrary to a human right
  • President of the Environment and Planning Law Association (NSW) Inc (since December 2015). EPLA is an association of more than 750 individual and corporate members who are lawyers and other professionals from public and private sectors who are involved in environmental law, local government, property and planning law in New South Wales. EPLA conducts seminars and conferences, keeps members informed about important events and court decisions, and liaises with government departments and other authorities about government regulation and law reform.
  • Registered as a foreign lawyer with the Singapore International Commercial Court (current).
  • Member of the Human Rights Committee of the NSW Bar Association (since 2006)
  • Past member of the Council of NSW Bar Association (elected for 2006-2007 and 2008-2009) and other committees of the NSW Bar Association including a Professional Conduct Committee
  • Past member of the Advisory Council to the NSW Trustee and Guardian (2011-2016). The Advisory Council provided strategic planning and policy advice to the NSW Trustee and Guardian, a statutory office providing personal trustee and estate management services and financial management for over 13,000 people who lack capacity in NSW
  • Past member of the Council of Law Reporting for New South Wales (2011-2015)

Recent publications and seminars

  • IMM v The Queen: a response”, [2016] (Winter) Bar News 40
  • Coastal and Marine Life Protection”, address to the 2016 Conference of the Environment & Planning Law Association, October 2016, Blue Mountains, NSW
  • Addressing online infringement: balancing the rights and interests of Australian rights holders, ISPs and the consumer public”, speaker at the Copyright Law and Practice Symposium, 23 October 2015
  • Commonwealth protection of movable cultural heritage”, presentation to the annual conference of the Environment and Planning Law Association, NSW, 16 October 2015
  • R Lancaster and S Free, “The Relevancy Grounds in Environmental and Administrative Law”, in N Williams (Ed) Key Issues in Judicial Review (Federation Press, 2014)
  • Chair of a NSW Bar Association seminar presented by the Hon M Kirby AC CMG, “UN Commission of Inquiry on Human Rights in North Korea: How the UN met the Common Law”, Sydney, 11 August 2014
  • The contribution of the ADT to Administrative Justice in NSW”, an address to the final ADT Members Conference 2013 (15 November 2013)
  • Chair of a NSW Bar Association seminar presented by Anthony Whealy QC, Bret Walker SC and Phillip Boulten SC “The National Security Balancing Act: The relationship between Australia’s counter-terrorism legislation, principles of criminal justice and international obligations”, Sydney, 27 November 2012
  • Author of “Charities” chapter in the LexisNexis publication Court Forms, Precedents and Pleadings New South Wales

Employment history

Barrister

Senior Counsel since 2009 and barrister since 1997

Legal Research Officer

Office of the Solicitor General and Crown Advocate (NSW) [February 1994 — February 1997]. Research officer to the then Solicitor General (Mr Keith Mason QC) and Crown Advocate (Mr Rod Howie QC, then Ms Megan Latham). Particular experience in constitutional and administrative law, statutory interpretation, government contracts, environmental regulation and criminal appeals

Research assistant
(Associate /
Law clerk)

Justice M D Kirby AC CMG [part 1993]
President of the Court of Appeal, Supreme Court of NSW

Tipstaff
(Associate /
Law clerk)

Justice B J K Cohen, Equity Division, Supreme Court of NSW [part 1993]
Research in proceedings in the Equity Division (equity and commercial, probate and administration, charities and trusts)

 
 
 
 
 

A selection of recent cases appears below. Alternatively, view appellate cases only or find selected cases by subject area or jurisdiction:

Oreb v Australian Securities and Investments Commission Commercial law
[2017] FCAFC 49 Federal Court of Australia

Oreb v Australian Securities and Investments Commission [2017] FCAFC 49 view link
Commercial law
Federal Court of Australia
Corporations Law - statutory interpretation - meaning of the phrase "each of the corporations was wound up" in s 206F of the Corporations Act 2001

People for the Plains v Santos NSW (Eastern) Pty Ltd Environmental, local government and planning
[2017] NSWCA 46 NSW Court of Appeal

People for the Plains v Santos NSW (Eastern) Pty Ltd [2017] NSWCA 46 view link
Environmental, local government and planning
NSW Court of Appeal
Judicial review of approvals granted under the Petroleum (Onshore) Act 1991 (NSW) - characterisation of the project for petroleum exploration - interpretation and application of the Mining SEPP and the Infrastructure SEPP

Millers Point Fund Inc v Lendlease Millers Point Environmental, local government and planning
[2016] NSWLEC 166 Land and Environment Court

Millers Point Fund Inc v Lendlease Millers Point [2016] NSWLEC 166 view link
Environmental, local government and planning
Land and Environment Court
Judicial review of decisions of the Planning Assessment Commission to modify the Barangaroo concept plan and permit development of the Crown Casino Hotel Resort. Appeared for Crown Resorts, instructed by Ashurst.

Roadshow Films v Telstra Corporation Intellectual property
[2016] FCA 1503 Federal Court of Australia

Roadshow Films v Telstra Corporation [2016] FCA 1503 view link
Intellectual property
Federal Court of Australia
Appeared for the owners of copyright in films and tv series (Roadshow, US movie studios and Foxtel) in proceedings for site blocking orders under section 115A of the Copyright Act 1968.

DEF v Trappett Administrative and constitutional
[2016] NSWSC 1698 NSW Supreme Court

DEF v Trappett [2016] NSWSC 1698 view link
Administrative and constitutional
NSW Supreme Court
Appeared for the Director of Professional Standards of the Catholic Church in a claim for relief by a priest whose conduct was being investigated under the 'Towards Healing" protocol. The Supreme Court found that it had no jurisdiction to intervene in the disciplinary actions of a private body, in circumstances in which the relations between the parties were not contractual, no church property was involved and there was no threat to the plaintiff's livelihood.

Australian Conservation Foundation Inc v Minister for the Environment Environmental, local government and planning
[2016] FCA 1042 Federal Court of Australia

Australian Conservation Foundation Inc v Minister for the Environment [2016] FCA 1042 view link
Environmental, local government and planning
Federal Court of Australia
Judicial review of Minister's decision to approve Adani's "Carmichael" coal mine under the Environment Protection and Biodiversity Conservation Act 1999 in the context of assessment of the effects of climate change on the Great Barrier Reef.

Nash Bros Builders Pty Ltd v Riverina Water County Council Environmental, local government and planning
[2016] NSWCA 225 NSW Court of Appeal

Nash Bros Builders Pty Ltd v Riverina Water County Council [2016] NSWCA 225 view link
Environmental, local government and planning
NSW Court of Appeal
Environment and planning - Council rates and charges - power of a council to levy development servicing charges for provision of water supply to retirement village under Water Management Act 2000, s 306 or Local Government Act 1993, s 608

Drew v Minister for Communications and the Arts Intellectual property
[2016] AATA 601 CTH tribunals

Drew v Minister for Communications and the Arts [2016] AATA 601 view link
Intellectual property
CTH tribunals
Application for the grant of an export permit for the painting "Snack Bar" by Herbert Badham, raising various issues under the Protection of Movable Cultural Heritage Act 1986 (Cth)

Perilya Broken Hill Ltd v Valuer-General of NSW Environmental, local government and planning
[2016] HCATrans 174 High Court of Australia

Perilya Broken Hill Ltd v Valuer-General of NSW [2016] HCATrans 174 view link
Environmental, local government and planning
High Court of Australia
Special leave application - whether the fee simple of land required to be valued under the Valuation of Land Act 1916 includes minerals that have been reserved to the Crown

Oztech Pty Ltd v Public Trustee of Queensland Commercial law
[2016] FCA 785, (2016) 115 ACSR 211 Federal Court of Australia

Oztech Pty Ltd v Public Trustee of Queensland [2016] FCA 785, (2016) 115 ACSR 211 view link
Commercial law
Federal Court of Australia
Appear for the applicant in Federal Court representative proceedings in which former noteholders in Octaviar claim damages against the Public Trustee of Queensland, their trustee under Chapter 2L of the Corporations Act 2001.

Attwells v Jackson Lalic Lawyers Commercial law
[2016] HCA 16, (2016) 331 ALR 1, (2016) 90 ALJR 572 High Court of Australia

Attwells v Jackson Lalic Lawyers [2016] HCA 16, (2016) 331 ALR 1, (2016) 90 ALJR 572 view link
Commercial law
High Court of Australia
Appeared for the Law Society of New South Wales, intervening in an appeal concerning the scope of an advocate's immunity from suit for conduct of a case in court, in particular for advice in respect of consent orders effecting the settlement of the proceedings.

Roads and Maritime Services v Allandale Blue Metal Environmental, local government and planning
[2016] NSWCA 7, (2016) 212 LGERA 307 NSW Court of Appeal

Roads and Maritime Services v Allandale Blue Metal [2016] NSWCA 7, (2016) 212 LGERA 307 view link
Environmental, local government and planning
NSW Court of Appeal
Appeared for Allandale Blue Metal in appeal concerning compensation for compulsory acquisition of land used as a blue metal quarry. Issues included the application of the statutory provisions concerning market value and loss attributable to disturbance, and whether compensation should be reduced by reason of the interest of a lessee of the property.

Dallas Buyers Club LLC v iiNet Intellectual property
[2015] FCA 1437, 838, 422 and 317; (2015) 112 IPR 1; 114 IPR 297 Federal Court of Australia

Dallas Buyers Club LLC v iiNet [2015] FCA 1437, 838, 422 and 317; (2015) 112 IPR 1; 114 IPR 297 view link view link view link
Intellectual property
Federal Court of Australia
Appeared for the respondent ISPs in a series of applications brought against six internet service providers for preliminary discovery of information about account holders for the purposes of a potential claim against individuals alleged to have used the connection provided by the ISPs to infringe copyright in the film "Dallas Buyers Club"

Community Housing Limited v Clarence Valley Council Environmental, local government and planning
(2015) 90 NSWLR 292, [2015] NSWCA 327 NSW Court of Appeal

Community Housing Limited v Clarence Valley Council (2015) 90 NSWLR 292, [2015] NSWCA 327 view link
Environmental, local government and planning
NSW Court of Appeal
Charitable trusts - whether providing housing for low income persons is charitable - whether providing vocational training is charitable. Local government - whether land owner was a public charity and exempt from rates. Courts - whether the supervisory jurisdiction of the LEC was impliedly excluded by a specific right of appeal.

Perrett v Attorney General of the Commonwealth Administrative and constitutional
(2015) 232 FCR 467; [2015] FCA 834 Federal Court of Australia

Perrett v Attorney General of the Commonwealth (2015) 232 FCR 467; [2015] FCA 834 view link
Administrative and constitutional
Federal Court of Australia
Validity of legislative instrument increasing fees in the Family Court following disallowance by the Senate an earlier instrument. Whether later instrument was the 'same in substance' as earlier instrument. Standing of members of Parliament to challenge the validity of legislative instruments.

Tarkine National Coalition Inc v Minister for the Environment Administrative and constitutional
[2015] FCAFC 89, (2015) 233 FCR 254, (2015) 321 ALR 551, (2015) 2 ... Federal Court of Australia

Tarkine National Coalition Inc v Minister for the Environment [2015] FCAFC 89, (2015) 233 FCR 254, (2015) 321 ALR 551, (2015) 208 LGERA 379 view link
Administrative and constitutional
Federal Court of Australia
Appeared for the Minister for the Environment. Challenge to the Minister’s decision under the Environment Protection and Biodiversity Cconservation Act 1999 to approve proposed action by Venture Minerals to develop and operate a mine in north-west Tasmania, including a challenge to the validity of a bilateral agreement between Tasmania and the Commonwealth.

Tempe Recreation (D.500215 and D.1000502) Reserve Trust v Sydney Water Corporati ... Environmental, local government and planning
(2014) 88 NSWLR 449, [2014] NSWCA 437 NSW Court of Appeal

Tempe Recreation (D.500215 and D.1000502) Reserve Trust v Sydney Water Corporation (2014) 88 NSWLR 449, [2014] NSWCA 437 view link
Environmental, local government and planning
NSW Court of Appeal
Construction of easements acquired by SWC for the operation of the water supply pipeline from the Sydney desalination plant; determination of compensation to the Reserve Trust under the provisions of the Crown Lands Act 1989; costs in Class 3 proceedings where an offer of compromise has been served and the acquiring authority achieves a better outcome.

A v Independent Commission Against Corruption Administrative and constitutional
(2014) 88 NSWLR 240, [2014] NSWCA 414, (2014) 319 ALR 670 NSW Court of Appeal

A v Independent Commission Against Corruption (2014) 88 NSWLR 240, [2014] NSWCA 414, (2014) 319 ALR 670 view link
Administrative and constitutional
NSW Court of Appeal
Senior counsel for ICAC in an appeal from a judicial review claim by a person served with a summons in an ICAC investigation. Issues included the interpretation of ss 35 and 111 of the ICAC Act and their constitutional validity in light of the implied freedom of communication in respect of government and political matters

Warkworth Mining v Bulga Milbrodale Progress Association Environmental, local government and planning
(2014) 86 NSWLR 527, [2014] NSWCA 105 NSW Court of Appeal

Warkworth Mining v Bulga Milbrodale Progress Association (2014) 86 NSWLR 527, [2014] NSWCA 105 view link
Environmental, local government and planning
NSW Court of Appeal
Appeal from decision refusing development application for major infrastructure project under Part 3A of the Environmental Planning and Assessment Act 1979 to extend the Warkworth coal mine in the Hunter Valley, on grounds including relevant and irrelevant considerations, and denial of procedural fairness. Senior counsel for the Minister for Planning, the second respondent and cross-appellant.

Apple Inc v Samsung Electronics Co Intellectual property
(hearing in 2013 over 55 days; international settlement of claims ... Federal Court of Australia

Apple Inc v Samsung Electronics Co (hearing in 2013 over 55 days; international settlement of claims in Aug 2014)
Intellectual property
Federal Court of Australia
Senior counsel for Samsung in defence of Apple's claims of patent infringement in respect of 11 Samsung devices, involving 19 standard and innovation patents for mobile phone user interface features and touchscreen technology. Samsung cross-claimed for invalidity of each of the patents. Heard by Bennett J and Yates J sitting together. Separate proceedings commenced by Samsung sought judicial review of decisions of the Commissioner of Patents. Apple and Samsung discontinued their respective claims as part of the August 2014 international settlement of existing proceedings.

ASIC v Hellicar; Shafron v ASIC (James Hardie case) Commercial law
(2012) 247 CLR 347 and (2012) 247 CLR 465 High Court of Australia

ASIC v Hellicar; Shafron v ASIC (James Hardie case) (2012) 247 CLR 347 and (2012) 247 CLR 465 view link view link
Commercial law
High Court of Australia
Senior counsel (with Bret Walker SC) for Mr P Shafron at trial in the NSW Supreme Court, and on appeal to the NSW Court of Appeal and the High Court of Australia, in civil penalty proceedings brought by ASIC against the directors and officers of James Hardie for contraventions of s 180 of the Corporations Act 2001. Trial and NSWCA appeal reported in (2011) 83 ACSR 620; (2010) 81 ACSR 85; (2009) 256 ALR 199.

Roadshow Films v iiNet Intellectual property
(2012) 248 CLR 42 High Court of Australia

Roadshow Films v iiNet (2012) 248 CLR 42 view link
Intellectual property
High Court of Australia
Senior counsel for iiNet (with R Cobden SC) at trial and on appeal. Claims under the Copyright Act 1968 that iiNet authorized its subscribers or users to infringe copyright by downloading movies using BitTorrent. The primary decisions in the Federal Court are [2011] FCAFC 23, (2011) 194 FCR 285 and [2010] FCA 24, (2010) 263 ALR 215.

EMI Songs Australia v Larrikin Music Publishing (Kookaburra case) Intellectual property
[2011] HCATrans 284; (2011) 191 FCR 444; (2010) 188 FCR 321; (201 ... High Court of Australia

EMI Songs Australia v Larrikin Music Publishing (Kookaburra case) [2011] HCATrans 284; (2011) 191 FCR 444; (2010) 188 FCR 321; (2010) 263 ALR 155 view link
Intellectual property
High Court of Australia
Senior counsel for the applicant at trial, on appeal to the Federal Court and for the respondent in an application for special leave to appeal to the High Court. Claim under the Copyright Act 1968 and Trade Practices Act 1974 in respect of the reproduction of a substantial part of "Kookaburra sits in the old gum tree" in the song "Down Under" by Men at Work.

Minister for Immigration and Citizenship v SZKTI Administrative and constitutional
(2009) 238 CLR 489 High Court of Australia

Minister for Immigration and Citizenship v SZKTI (2009) 238 CLR 489 view link
Administrative and constitutional
High Court of Australia
Lead counsel for first respondent in the High Court of Australia, instructed by Gilbert + Tobin. Construction of ss 424 and 425 of the Migration Act 1958 (Cth).

Macedonian Orthodox Community Church St Petka Inc Equity, charities and trusts
(2008) 237 CLR 66 High Court of Australia

Macedonian Orthodox Community Church St Petka Inc (2008) 237 CLR 66 view link
Equity, charities and trusts
High Court of Australia
Trustees - judicial advice - charitable trusts. Lead counsel for the State of NSW in the High Court of Australia.

HIH Royal Commission Commercial law
Dec 2001, Feb to Jul 2002, Sep to Dec 2002, Jan 2003 Other courts and tribunals

HIH Royal Commission Dec 2001, Feb to Jul 2002, Sep to Dec 2002, Jan 2003
Commercial law
Other courts and tribunals
Counsel for Arthur Andersen, instructed by Baker & McKenzie. The Royal Commission sat for more than 200 days and took oral evidence from 128 witnesses. The issues included the effect of, and proper accounting for, a number of reinsurance arrangements; the adequacy of numerous aspects of the audits of FAI and HIH over a number of years; and the general management and corporate governance practices of HIH.

 
 
 
 
  • Richard Lancaster SC
    5 St James Hall
    169 Phillip Street
    Sydney NSW 2000
  •  
     
    P: 8257 2557
    F: 8998 8557
    DX: 181 SYDNEY
  •  
     
    Clerk: email
    Caroline Davoren /
    Paul Daley

    P: 8257 2500
 
 
 
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