Profile

An overview and examples of recent and high profile matters Roger has been involved in include:

Administrative Law

Roger’s experience encompasses a broad range of cases in administrative and public law. He has particular expertise of matters concerning mining and natural resources and the Building and Construction Industry Payments Act.

• Appearing for the successful applicant in a case concerning the proper construction of the Land Act.
• Appearing in and successfully resisting a challenge to the power of the Crime and Corruption Commission to assume responsibility for an investigation of the appellant’s misconduct.
• Appearing in and successfully resisting an appeal to the Queensland Court of Appeal in a case concerning the principles applicable to the renewal of a mining lease (application for special leave refused).
• Appearing in the Full Court of the Federal Court of Australia concerning the Superannuation Complaints Tribunal.
• Acting in a case concerning the BCIPA (application for special leave refused).
• Appearing in a judicial review of a departmental decision to revoke welfare payments on the basis of a misconceived application of the law of trusts.

Commissions of Inquiry

Roger has been briefed in numerous and varied roles in Commissions of Inquiry.

• Appearing as Counsel for members of the Queensland Public Service, Queensland Department of Health Payroll Inquiry (2013).
• Appearing as Counsel for Mr Nichol, Connolly/Ryan Inquiry into the Criminal Justice Commission (1996).
• Acting as Counsel Assisting the Cooke Trade Union Inquiry (1991).
• Acting as Counsel Assisting the Parliamentary (Judges) Commission of Inquiry (1989).

Compulsory Acquisition, Compensation and Valuations

Clients are able to draw upon Roger’s in depth expertise in valuation and planning law which includes extensive experience of matters concerning compensation upon the compulsory acquisition of land.

• Appearing in a challenge by APT Petroleum Pipelines Pty Ltd to categories and descriptions of rateable land for a compressor station in the Council’s area of responsibility.
• Appearing in various appeals in respect of shopping centres and a high value commercial and a high-rise residential property in the Brisbane Central Business District which resulted in the enactment of new laws concerning the valuation of land in Queensland.
• Acting 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.

Contract Law and Commercial Law

Acting upon a wealth of experience concerning contract and commercial law, Roger is able to advise and act for clients for their commercial benefit on matters related to commercial contracts, contracts for the sale and development of land, commercial leases, contract of loan and partnership disputes should they arise.

• A case concerning Clive Palmer’s termination of the management agreement with the Hyatt at his luxury golf resort and spa at Coolum on Queensland’s Sunshine Coast.
• Appearing in 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).
• Acting in a case concerning the Taxation Administration Act 1953 (Cth), statutory charges created thereby and the priority of charges.

Equity and Trusts

Roger’s practice includes assisting clients at all stages of matters in the area of equity and trusts.

• A case concerning the Integrated Resort Development Act 1987.
• A case concerning commercial contracts and equitable remedies.
• Acting in a case and subsequent related proceedings concerning whether a trust deed authorised distribution of capital only upon determination of the trust.

Insurance Law

Roger regularly assists professional indemnity insurers as well as those for/against insurers of business interests in all areas of insurance law.

• Appearing for the successful appellant in the Queensland Court of Appeal in a case concerning whether the respondent must indemnify the appellant under an insurance policy for extensive damage to a mobile crane.
• Acting in the Queensland Court of Appeal in a case concerning the question of liability and quantum under the Civil Liability Act 2003 (Qld) where the principle issue surrounded the classification of the risk.

Land Law and Planning Law

Roger has significant experience in all aspects of land and planning law.

• Acting for a local council and successfully resisting an appeal against refusal of development application.
• Appearing in the Planning Court on a development approval appeal for a commercial groundwater extraction.
• Appearing in the Planning court on an application for declaratory and consequential relief pursuant to s 456 of the Sustainable Planning Act 2009 (“SPA”).
• Appearing for Mount Isa Mines Ltd in a case considering the nature and extent of the right which a leasee of land has to remove physical objects left on the land by a third party.
• Acting in an appeal against the Council’s decision to approve the co-respondent’s development application for a development permit for a material change of use for multi-unit dwelling.
• Appearing for the successful appellant in the Queensland Court of Appeal in a case concerning the Integrated Resort Development Act 1987.

Mining Law, Compensation Upon the Grant of Mining Tenements

Roger is consulted on and appears for clients in complex and high profile issues regarding the grant of mining leases and the administrative review of decisions relating to mining leases. He is currently working on a number of such matters which are awaiting decision.

• Appearing in the Queensland Court of Appeal and the High Court (special leave refused) for the tenement holder in a decision concerning the judicial review of a decision to grant renewal of a mining lease.

Succession Law

Roger has appeared in a number of cases in the area of equity, trusts, succession law and related areas concerning equitable rights of action.

•  Claim for an order for provision out of the estate of the late father.
• Appearing in a matter regarding the construction and effect of testamentary dispositions and rectifications of wills.