Profile

Administrative Law and Public Law

Roger has a broad range of experience in administrative law cases, including in particular cases with a mining and resources element, and involving the Building and Construction Industry Payments Act.  Recent cases of interest include: Lee v Crime and Corruption Commission [2015] QSC 226; Agripower Australia v J & D Rigging Pty Ltd [2013] QSC 164, a case concerning the BCIPA (application for special leave refused); Wright & Anor v Minister for Employment, Skills and Mining for the State of Queensland & Ors [2013] QCA 141, a decision of the Court of Appeal concerning the principles applicable to the renewal of a mining lease (application for special leave refused); Board of Trustees of the State Public Sector Superannuation Scheme v Edington [2011] FCAFC 8,  a decision of the Full Court of the Federal Court of Australia concerning the Superannuation Complaints Tribunal; and Heslop v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2010] FCA 1345.

Arbitration

Roger has been asked to act as expert decision maker and has otherwise been involved in a number of arbitrations. The confidentiality of the arbitration process does not permit the disclosure of the participants.

Commissions of Inquiry

Roger has extensive experience in Commissions of Inquiry, acting as counsel assisting the Inquiry and appearing for persons of interest to and witnesses in the inquiries. Roger has acted as Counsel Assisting the Parliamentary (Judges) Commission of Inquiry (1989); Counsel Assisting the Cooke Trade Union Inquiry (1991); Counsel for Mr Nichol, Connolly/Ryan Inquiry into the Criminal Justice Commission (1996) and Counsel for members of the Queensland Public Service, Queensland Department of Health Payroll Inquiry (2013).

Compulsory Acquisition

Roger has appeared regularly in cases involving compensation upon the compulsory acquisition of land. His extensive experience in valuation law, and in planning law, is of value in his practice in this area.

Contract Law and Commercial Law

Roger practices extensively in the area of contract law and commercial law. He frequently provides advice in respect of commercial contracts, contracts for the sale and development of land, commercial leases, contract of loan and partnership disputes. Recent cases include: Agripower Australia Ltd v J and D Rigging Pty Ltd and Ors [2013] QSC 164, a case concerning the application of the Building and Construction Industry Payments Act 2004 (Qld) and its application to building work on land the subject of a mining lease (special leave refused); Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting and Anor [2012] QSC 51, a case concerning the Taxation Administration Act 1953 (Cth), statutory charges created thereby and the priority of charges; and Hyatt of Australia Limited v Coolum Resort Pty Limited & Ors [2012] QSC 049, a case concerning management rights over the Palmer Resort.

Roger has been invited to present papers on topics relating to commercial law, including: “Misleading or deceptive conduct and circumstances relevant to the interpretation of contracts”; “Conditions Precedent and Promissory Obligations in the Context of Guarantees”; “Guarantees and Assignments of Leases”; and “Directors’ Liability for the Execution of Corporate Guarantees”.

Equity and Trusts

Roger practices in the area of equity and trusts. Recent cases include: Aion Corporation Pty Ltd v Yolla Holdings Pty Ltd and Anor [2013] QSC 191; Herrod and Ors v Johnston and Anor [2012] QCA 360; and Hack v Kettering Pty Ltd and Ors [2009] QSC 27 and subsequent related proceedings.

Roger has been asked to present papers to professional organisations on topics relating to equity and trusts including: “Constructive Trusts and Unconscionable Conduct”, paper delivered to Master of Laws Course, University of Queensland 2011, 2012; “Equitable interests in estates and equitable remedies” and “Testamentary Promises, Estoppel and Remedies“, paper delivered to University of Queensland Master of Laws Course, 2015.

Insurance Law

Roger has extensive experience in the area of insurance law. He has acted in a number of cases for professional indemnity insurers and for and against insurers of business interests.

He has been invited to present papers to specialist insurance profession groups including the following: “The extent to which an insurer is based by a judgment or settlement against the insured“; “Defence Costs Clauses in Insurance Policies”; “Liability Insurance and Defence Costs”; and “Recent Developments in Respect of Section 54 and Section 48 of the Insurance Contracts Act”.

Land Law and Planning Law

Roger has had significant experience in the area of land law and planning law. Recent cases include Aion Corporation Pty Ltd v Yolla Holdings Pty Ltd and Anor [2013] QSC 191; Cox v Brisbane City Council [2013] QPEC 44; and McDonalds Australia Ltd v Logan City Council [2012] BC201215011.

Mediation

Roger is a qualified mediator and mediates a wide range of disputes involving, inter alia, commercial matters, trust and succession law, banking law and mining law. He frequently mediates disputes between mining companies and land owners concerning compensation upon the grant of a mining lease.

Medico-Legal work

Roger has a keen interest in topics relating to the law relating to the medical profession and the relationship between the medical and legal professions. He was briefed on behalf of a number of health department employees in the recent Health Payroll Inquiry.

He has presented papers at a number of medical conferences, and was invited to present a paper at the conference of the Australasian College of Surgeons held in Hong Kong in 2008. Papers include: “Common Challenges for the Legal and Medical Professions”, Hearsay, August 2009; “Legal Responsibility for the Poorly Performing Surgeon and Organizational Responses to Minimize Risk and Improve Performance”, Royal Australasian College of Surgeons Scientific Congress, Hong Kong, 16 May 2008; “Science and Truth in the Courtroom. Does it Matter?”, Royal Australasian College of Surgeons Annual Scientific Congress, 7 May 2003; and “Making the Most of an Expert Witness”, Medico Legal Society, 17 November 2001.

Mining Law, Compensation upon the grant of mining tenements

Roger has appeared in a number of important cases concerning the grant of mining leases and the administrative review of decisions relating to mining leases. These include contested applications for the grant of a mining lease and applications on compensation. He appeared recently in the Queensland Court of Appeal and the High Court (special leave refused) for the tenement holder in Wright & Anor v Minister for Employment, Skills and Mining for the State of Queensland & Ors [2013] QCA 141, a decision concerning the judicial review of a decision to grant renewal of a mining lease.

Roger frequently mediates disputes between land owners and mining companies concerning compensation payable on the grant of mining tenements.

Roger was invited to present a paper, “Chasing the (w)right decision” at the AMPLA Conference in May 2014.

Professional Ethics

Roger has had a long standing interest in the issue of professional ethics. He has taught Ethics for many years to legal practitioners intending to be admitted as barristers at the Bar Practice Course. He has also delivered a numbers of papers and seminars to the profession on topics relating to professional ethics. He is the Chairman of the Bar Association of Queensland’s Ethics Committee.

Roger was honoured to be invited to present a paper on “Ethics in Mediation” at the Third International Ethics Conference, Gold Coast, July 2008.

Other papers and presentations to the profession include: “Professional Ethics”, Bar Association Annual Conference, February 2013; “Professional Ethics”, Bar Association Annual Conference, February 2012; “Professional Ethics”, Bar Association Annual Conference, March 2009; “Professional Ethics”, Bar Association Annual Conference, March 2006; “Professional Ethics”, Bar Association Annual Conference, March 2005.

Succession Law

Roger has appeared in a number of cases in the area of equity, trusts and succession law and related areas concerning equitable rights of action. Recent examples include Mark Joseph O’Donnell v Colleen Mary Gillespie and Anor [2010] QSC 22 and McPherson v Byrne and Ors [2012] QSC 394.

Roger has been invited to present papers at conferences of equity and succession Law specialists on topics including “Breaches of trust, negligence of trustees and the exercise of discretion by trustees of discretionary trusts” (Society of Trust and Estate Practitioners Conference, Kingscliff, September 2012) and “When time is of the essence”, a Queensland Law Society Conference held to mark the centenary of a statutory right to family provision.

Valuation law

Roger has appeared in the Land Court of Queensland, Land Appeal Court and Court of Appeal for major land owners in the Brisbane CBD and for the owners of major south-east Queensland shopping centres. He has developed particular expertise in land valuation and valuation law. These cases include long running and important appeals in respect of shopping centres and high value commercial and high-rise residential property in the Brisbane Central Business District which resulted ultimately in the enactment of new laws concerning the valuation of land in Queensland. Roger was engaged on behalf of the land owners to discuss and negotiate changes in those laws, which have seen the basis for the valuation of land in Queensland change from unimproved value to the site value of land. Cases of interest include: PT Limited v Department of Natural Resources and Mines [2006] QLC 0068; Kent Street Pty Ltd & Ors v Department of Natural Resources and Mines [2007] QLC 0011; Kent Street Pty Ltd & Ors v Department of Natural Resources and Mines [2008] QLAC 0221; Chief Executive, Department of Natural Resources and Mines v Kent Street Pty Ltd [2009] QCA 399; Multiplex 240 Queens Street Landowner Pty Ltd & Anor v Department of Natural Resources, Mines and Water [2006] QLC 0030; and GPT RE Limited (as responsible entity) & Anor v Department of Natural Resources and Water [2009] QLC 0078. Roger continues to appear in the Land Court on valuation matters.