Roger applies over thirty years of wide-ranging experience in commercial, property, equity and administrative matters to help clients solve problems and meet their business and litigation objectives when legal action becomes necessary. Clients turn to him as a natural choice for major commercial matters and where property, planning and public law issues arise. Roger is highly regarded for his specific expertise in mining law, compulsory acquisition, compensation and valuation.
As an experienced appellate and trial advocate Roger has appeared for clients as leading counsel in the High Court, the Queensland Court of Appeal, the Full Court of the Federal Court, the Federal Court, the Land Court of Queensland, the Supreme Courts of Queensland, the Planning and Environment Court, and before a number of Commissions of Inquiry.
Roger has an extensive and broad ranging appellate, arbitration and mediation practice. He is a qualified mediator and mediates a wide range of disputes. He has also acted as an expert determiner.
Roger is an active member of the Australian and Queensland legal community having served in numerous roles for both Bar Associations, including as President of the Bar Association of Queensland.
An overview and examples of recent and high profile matters Roger has been involved in include:
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.
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.
Roger has appeared in a number of cases in the area of equity, trusts, succession law and related areas concerning equitable rights of action.
Doyle’s Guide to the Australian Legal Profession –
- 2018 – Recommended Leading Counsel for Commercial Litigation & Dispute Resolution (Queensland)
- 2018 – Recommended Leading Counsel for Planning & Environment (Queensland)
- 2018 – Recommended Leading Counsel for Wills & Estates (Queensland)
- 2018 – Recommended as a Leading Mediator (Queensland)
- 2017 – Recommended Leading Counsel for Planning & Environment (Queensland)
- 2016 – Recommended Leading Counsel for Insurance (Queensland)
Australian Financial Review’s Best Lawyers
- 2019 – Listed for Commercial Law
- 2019 – Listed for Insurance
- 2019 – Listed for Planning & Environment
- 2018 – Listed for Planning & Environment
Professional Leadership and Public Life
2014–current Chairman, Bar Association of Queensland Ethics Committee
2014 Australian Bar Association, Advanced Trial Advocacy Course
2011-2012, 2012-2013 President, Bar Association of Queensland
2010–2011 Vice-President, Bar Association of Queensland
2011–2012 Director, Law Council of Australia
2011-2012 Member, Council of the Australian Bar Association
2010–2011 Chair, Professional Discipline and Conduct Committee, Bar Association of Queensland
2007–2009 Honorary Secretary, Bar Association of Queensland
2003–2013 Member, Bar Council
Community Involvement and Leadership and Public Life
2011–present Director, Cancer Council of Queensland & Member, Management and Finance Committee, Cancer Council of Queensland.
2002–2014 President, Breast and Prostate Cancer Association of Queensland (previously Breast Cancer Association of Queensland)
1993–1994 President, University of Queensland Cricket Club
2013 Appointed Queen’s Counsel
2003 Appointed Senior Counsel
1985 Barrister at Law, admitted
1985 Associate to the Honourable the Chief Justice, Sir Walter Campbell
1981–1982 Queensland Sheffield Shield Cricket
1997 Master of Laws, Queensland University of Technology
1985 Bachelor of Laws (Hons), University of Queensland
1983 Bachelor of Arts, University of Queensland