Profile

An overview and examples of John’s experience, both as barrister and solicitor, include:

Planning

John has extensive experience in representing private sector clients and local and State government agencies in planning disputes regarding their infrastructure, commercial, resources, entertainment and residential projects. His experience includes appearing in the following Planning and Environment Court matters:

> Successfully defending proceedings challenging the validity of a development approval for the landmark $2.5 billion Waterfront Brisbane project in Brisbane’s CBD (including an appeal to the Court of Appeal, which was settled) (led by Gore KC).

> Successfully defending an appeal against the refusal of a proposed development comprising 3,000 multiple dwellings in 41 buildings of up to 8 storeys in height on 76 hectares of land at Merrimac on the Gold Coast (led by Litster KC).

> Appearing for the State of Queensland in three competing landfill facilities in Ipswich involving over 40 technical witnesses and a hearing time in the order of 8 weeks, one of the longest in the Court’s history (led by D O’Brien KC).

> Successfully defending a three-week appeal against a refusal of proposed $2 billion satellite suburb south of Townsville featuring 5,100 lots on a large (1,189ha) rural holding (led by Job KC).

> Appearing in the first appeal to consider an application for the conversion of  non-trunk infrastructure, to trunk infrastructure (led by Gore KC)  .

> Successfully defending an appeal (including to the Court of Appeal) by a developer which sought to change an infrastructure condition from non-trunk (under s.145 of the Planning Act 2016) to necessary trunk infrastructure under s.128 of that same Act (leg by Gore KC).

> Appearing for the successful local authority in the landmark Planning and Environment Court decision of Ashvan Investment Unit Trust v Brisbane City Council & Ors [2019] QPEC 16 (led by Bain KC).

> Acting for a developer in relation to an appeal against the refusal of part of its master-planned residential and commercial on 400 hectare site, which was ultimately settled after two mediations (led by Gore KC).

> Acting for the proponent of a 40MW solar farm on Queensland’s Darling Downs in an objector appeal against the local authority’s approval, which settled before hearing.

> Appearing in an urgent application to extend a lapsed development approval for a 200MW solar farm on the Western Downs in Queensland which had commenced construction.

> Appearing in several appeals concerning development applications for child care centres.

> Acting in numerous appeals in relation to shopping centre proposals, often involving challenges by commercial competitors.

> Acting in several appeals (including to the Court of Appeal) related to proposed service stations and convenience shops.

> Acting in several matters concerning the refusal of development applications for the demolition of a character houses.

> Acting in numerous matters involving disputed extensions of currency periods for existing development approvals.

> Acting in numerous matters involving contested and uncontested applications for minor changes to development applications and approvals.

Environment

John advises and appears for corporate entities as well as government bodies in relation to environmental approvals and compliance.

> Acting for an environmental regulator in relation to Planning and Environment Court proceedings for enforcement orders in relation to odour nuisance from a composting facility.

> Acting for a quarry operator in relation to a Planning & Environment Court proceeding involving an allegation that a proposed extractive industry use on a disused mine site would have unacceptable environmental impacts.

> Acting for a local authority in relation to Planning & Environment Court proceedings in relation to an application for enforcement orders regarding air and noise nuisance arising from the maintenance operations at a commercial marina.

> Acting for an international gas company in relation to an environmental prosecution arising out of an uncontrolled release from an oil pipeline.

> Acting for a manufacturing company in relation to an environmental prosecution arising out of dust emissions.

> Acting for landowners and local authorities in relation to numerous Planning and Environment Court enforcement proceedings for alleged earthworks and tree clearing offences.

> Acting for and advising a property developer on approvals strategy in relation to a controlled action under the Environment Protection and Biodiversity Conservation Act 1999.

Energy & Resources – Approvals and Associated Disputes

Over his career John has worked alongside many major companies in relation to advising on approvals required for resources projects and handling associated disputes.

As counsel:

> Retained as junior counsel for the applicant a Land Court hearing in relation to objections to mining leases and environmental authorities and compensation for an open cut coal mining project in the Bowen Basin, which was resolved after mediation (led by Damian Clothier KC).

> Retained as junior counsel (led by S Holt KC) in an objections hearing in the Land Court in relation to mining lease applications for a $1 billion mining complex with steel making coal reserves of 529M tonnes in the Bowen Basin with an expected life of 80 years.

As solicitor:

> Advising on approvals strategy for the Ensham Mine expansion project.

> Acting for an applicant in relation to Land Court objection hearings for the expansion of the Ebenezer Mine.

> Advising a leading oil and gas producer on project approvals required for an $18 billion Liquefied Natural Gas project.

> Advising a leading national energy company in relation to environmental and water issues associated with the development of its coal seam gas assets.

> Advising an international oil and gas company on issues associated with national hydraulic fracturing operations.

Compulsory Acquisition and Valuation Disputes

John regularly advises on and appears in the Land Court and Land Appeal Court in relation to compulsory acquisition claims for compensation and valuation disputes.

> Appearing for the claimant in a disputed compensation claim for compulsory acquisition of land for flood mitigation purposes in Townsville in the Land Court and Land Appeal Court which ultimately settled after being remitted for rehearing in the Land Court (led by Gore KC).

> Appearing for the resuming authority in a disputed compensation claim for compulsory acquisition of land for road purposes near Mackay in the Land Appeal Court and the remitted hearing to the Land Court (led by Rob Anderson KC).

> Acting for a local authority in defending a claim for compensation for compulsory acquisition of land for road purposes north of Brisbane in the Land Court.

> Acting for several claimants in relation to compensation claims for compulsory acquisition of land for the Cross River Rail project, including referrals to the Land Court for determination.