Profile

Over a career spanning nearly 30 years, Roger has provided astute advisory and advocacy services to major corporations, government entities and individual clients across the full spectrum of commercial law. As such, he brings a comprehensive understanding of the nuances within the commercial sector, delivered with precision and efficiency, as well as tailored with the aim of achieving the optimal solution for his client.

The below cases are indicative of the breadth and calibre of Roger’s expertise.

APPELLATE

A distinguished appellate barrister, Roger has repeatedly demonstrated keen legal acumen and persuasive advocacy in Commonwealth and Queensland’s appeal courts. Examples include:

Harvey & Ors v Minister for Primary Industries and Resources, Northern Territory of Australia, Mount Isa Mines Limited, High Court Appeal, appeal heard Canberra, 5 September 2023, decision reserved.

Harvey v Minister for Primary Industries and Resources [2022] FCAFC 66. Statutory interpretation. Energy and Resources. Native Title. The Northern Territory intends to grant a mineral lease to MIM, for the purposes of dredge spoil area for a loading facility in the Gulf of Carpentaria, servicing MIM’s MacArthur River Mine. The issue of statutory interpretation was whether the proposed grant, a “future act”, was within s 24MD(6B)(b) of the Native Title Act 1993 (Cth), being the “creation of a right to mine for the sole purpose of the construction of an infrastructure facility associated with mining”.

Queensland v Masson [2020] HCA 28. Appellate. Appealing findings of fact. Whether there were proper grounds for intermediate appeal Court to overturn decision of trial judge. Negligence. Standard of care. Breach. Whether treatment by ambulance officer in emergency fell below standard expected of ordinary skilled intensive care paramedic.

BWP Management Ltd v Ipswich City Council [2020] QCA 104. Statutes. Subordinate legislation. Construction generally. Real property. Rates and charges. Rating of land. Dispute concerning the proper rating category for Bunnings stores in Ipswich City Council area.

Queensland Nickel Sales Pty Ltd & Ors v Mount Isa Mines Limited [2019] QCA 32. MIM was the lessee of the “No 2 Wharf” in the Port of Townsville. QNPL, the manager of the Queensland Nickel Joint Venture, entered a Licence with MIM over the lease area, in order to service the operation of the nickel refinery at Yabulu near Townsville. The dispute concerned the parties’ rights over significant port infrastructure which remained on the leased area after the closure of the nickel refinery by QNI.

Traspunt No 4 Pty Ltd v Moreton Bay Regional Council [2019] QCA 51. Environment and planning. Planning schemes and instruments. Vegetation clearing.

China First Pty Ltd & Anor v Mount Isa Mines Limited & Ors [2018] QCA 350. Declarations. Securities. Fixed and floating charges. Whether charges should have been joined as parties. What constitutes a sufficient interest and relevant circumstances to require joinder.

Geoscience Resource Recovery LLC v Central Petroleum Ltd [2018] QCA 216. Private international law. Energy and Resources. Contract Law. Service out of jurisdiction. Contract made within jurisdiction. Proceedings by Central Petroleum Limited in the Supreme Court of Queensland against Geoscience Resource Recovery LLC, a Nevada corporation. Declarations were sought concerning the existence or otherwise of an agreement titled “Success Fee and Retainer Fee Agreement” and liability to pay a fee or other sum under an agreement titled “Farmout Agreement Total Central Petroleum Joint Operations”.

Matton Developments Pty Ltd v CGU Insurance Ltd [2016] QCA 208. Insurance Law. The Policy. Principles of Construction. Collapse of crane on construction site. Crane damaged beyond repair. Respondent refused indemnity. Whether the primary judge erred in characterising the facts as a deliberate courting of the risk. Whether the overloading was “accidental”, whether the damage to the carne was “accidental, sudden and foreseen”. This is a leading insurance case, reported in the Lloyd’s Reports, on the proper construction of the policy and the meaning of “accident” in insurance.

Lee v Crime and Corruption Commission [2016] QCA 145. Statutory interpretation. Crime and Corruption Act 2001 (Qld). Police. External oversight. A case involving the CCC, and a complaint of misconduct against a police officer.

Yolla Holdings Pty Ltd v Aion Co Pty Ltd [2014] QCA 137. Statutory interpretation. Environment and Planning. Integrated Resort Development Act 1987 (Qld). Where land, owned by the appellant, was approved under the Integrated Resort Development Act 1987. Whether s 33 of the Integrated Resort Development Act imposed an obligation to transfer land to the body corporate.

Wright and Anor v Minister for Employment, Skills and Mining for the State of Queensland and Ors [2013] QCA 141. Energy and Resources. Statutory Interpretation. Administrative Law. Judicial Review. Renewal of mining lease. Whether the holder of a mining lease had complied with the terms of the lease, such as to permit renewal under the Mineral Resources Act 1989 (Qld). Whether a mine in “care and maintenance” meant the miner was using the land “comprised in the mining lease bona fide and for the purpose for which the mining lease was granted” under s 276(1)(a) of the Mineral Resources Act.

Roger has lent his knowledge of appellate law to presentations such as ‘Appeals: When is a Trial Judge Wrong?‘, co-presented with Lord Justice McCombe of the Court of Appeal of England & Wales and Mohammud Jaamae Hafeez-Baig.

COMMERCIAL AND EQUITY

With a deep understanding of complex business transactions and equitable remedies, Roger provides strategic counsel and advocacy services in all types of trusts disputes, disputes arising from fiduciary obligations in the traditional equitable context, and the related sphere of statutory obligations in the corporate context. Indicative examples of his experience are:

Queensland Nickel Sales Pty Ltd & Ors v Mount Isa Mines Limited [2019] QCA 32. MIM was the lessee of the “No 2 Wharf” in the Port of Townsville. QNPL, the manager of the Queensland Nickel Joint Venture, entered a Licence with MIM over the lease area, in order to service the operation of the nickel refinery at Yabulu near Townsville. The dispute concerned the parties’ rights over significant port infrastructure which remained on the leased area after the closure of the nickel refinery by QNI.

Mount Isa Mines Ltd v Queensland Nickel Sales Pty Ltd [2017] QSC 285.

China First Pty Ltd & Anor v Mount Isa Mines Limited & Ors [2018] QCA 350. Declarations. Securities. Fixed and floating charges. Whether charges should have been joined as parties. What constitutes a sufficient interest and relevant circumstances to require joinder.

Geoscience Resource Recovery LLC v Central Petroleum Ltd [2018] QCA 216. Private international law. Energy and Resources. Contract Law. Service out of jurisdiction. Contract made within jurisdiction. Proceedings by Central Petroleum Limited in the Supreme Court of Queensland against Geoscience Resource Recovery LLC, a Nevada corporation. Declarations were sought concerning the existence or otherwise of an agreement titled “Success Fee and Retainer Fee Agreement” and liability to pay a fee or other sum under an agreement titled “Farmout Agreement Total Central Petroleum Joint Operations”.

Agripower Australia Ltd v J & D Rigging Pty Ltd [2013] QSC 164. Contracts. Building, engineering and related contracts. Adjudication of payment claims.

Hyatt of Australia Ltd v Coolum Resort Pty Ltd [2012] QSC 49. Equity. Equitable remedies. Injunctions. Proceedings commenced to restrain the purported termination of a management contract over the Hyatt of Australia Coolum Hotel.

Hansen Yuncken Pty Ltd v Ericson [2012] QSC 51. Statutory charges. Nature of interest of charge. Taxes and Duties. Administration of Federal Tax legislation.

Hack v Kettering Pty Ltd [2009] QSC 27. Equity. Trusts and Trustees. Powers, duties, rights and liability of trustees.

REGULATORY

Roger advises and represents clients in high-stakes consumer and regulatory cases,  such as:

Australian Competition and Consumer Commission v Lorna Jane Pty Ltd [2021] FCA 852. Acting for the ACCC. ACCC alleged Lorna Jane Pty Ltd, an active wear retailer, breached ss 18, 29(I)(g) and 33 of the Australian Consumer Law by promoting activewear treated with a spray described by Lorna Jane as “LJ Shield” and falsely representing LJ Shield would protect wearers against, stop the spread of, or otherwise eliminate viruses including COVID-19. Lorna Jane Pty Ltd ultimately admitted a several contraventions. Significant regulatory penalties were imposed by the Federal Court.   .

Lee v Crime and Corruption Commission [2016] QCA 145. Statutory interpretation. Crime and Corruption Act 2001 (Qld). Police. External oversight. A case involving the CCC, and a complaint of misconduct against a police officer.

CORPORATE INSOLVENCY & BANKRUPTCY 

Advising and appearing for companies across many sectors, Roger assists with navigating the intricate landscape of financial distress. A high-profile example includes:

Queensland Nickel Sales Pty Ltd & Ors v Mount Isa Mines Limited [2019] QCA 32. MIM was the lessee of the “No 2 Wharf” in the Port of Townsville. QNPL, the manager of the Queensland Nickel Joint Venture, entered a Licence with MIM over the lease area, in order to service the operation of the nickel refinery at Yabulu near Townsville. The dispute concerned the parties’ rights over significant port infrastructure which remained on the leased area after the closure of the nickel refinery by QNI.

Hansen Yuncken Pty Ltd v Ericson [2012] QSC 51. Statutory charges. Nature of interest of charge. Taxes and Duties. Administration of Federal Tax legislation.

ENERGY & RESOURCES

Roger’s extensive experience in disputes concerning energy and resources projects is bolstered by his expertise in related fields such as contract, environment & planning, and native title & cultural heritage law. Examples of significant matters include:

Harvey & Ors v Minister for Primary Industries and Resources, Northern Territory of Australia, Mount Isa Mines Limited, High Court Appeal, appeal heard Canberra, 5 September 2023, decision reserved.

Harvey v Minister for Primary Industries and Resources [2022] FCAFC 66. Statutory interpretation. Energy and Resources. Native Title. The Northern Territory intends to grant a mineral lease to MIM, for the purposes of dredge spoil area for a loading facility in the Gulf of Carpentaria, servicing MIM’s MacArthur River Mine. The issue of statutory interpretation was whether the proposed grant, a “future act”, was within s 24MD(6B)(b) of the Native Title Act 1993 (Cth), being the “creation of a right to mine for the sole purpose of the construction of an infrastructure facility associated with mining”.

MRV Metals Pty Ltd v Chief Executive, Department of Environment and Science [2020] QLC 9. Statutes. Interpretation. Energy and resources. Required scope of financial assurance under the Environmental Protection Act 1994 (Qld).

Geoscience Resource Recovery LLC v Central Petroleum Ltd [2018] QCA 216. Private international law. Energy and Resources. Contract Law. Service out of jurisdiction. Contract made within jurisdiction. Proceedings by Central Petroleum Limited in the Supreme Court of Queensland against Geoscience Resource Recovery LLC, a Nevada corporation. Declarations were sought concerning the existence or otherwise of an agreement titled “Success Fee and Retainer Fee Agreement” and liability to pay a fee or other sum under an agreement titled “Farmout Agreement Total Central Petroleum Joint Operations”.

Wright and Anor v Minister for Employment, Skills and Mining for the State of Queensland and Ors [2013] QCA 141. Energy and Resources. Statutory Interpretation. Administrative Law. Judicial Review. Renewal of mining lease. Whether the holder of a mining lease had complied with the terms of the lease, such as to permit renewal under the Mineral Resources Act 1989 (Qld).  Whether a mine in “care and maintenance” meant the miner was using the land “comprised in the mining lease bona fide and for the purpose for which the mining lease was granted” under s 276(1)(a) of the Mineral Resources Act.

AGL Wholesale Gas Ltd v Origin Energy Ltd [2008] QCA 366. Arbitration. Conduct of arbitration proceedings. Proper approach of arbitrators to consideration of market price for gas.

INSURANCE

Roger is briefed to assist on large-scale insurance and reinsurance claims. His strategic counsel has been sort on the likes of:

IG Power (Callide) Ltd (Intergen) v Alltrust Insurance Co (AIC) . Insurance. Insurance Contracts Act 1984 (Cth). – Retained for the owners of the Callide B power station in a significant claim against insurers as a result of the explosion of a power generating turbine at the power station.

Matton Developments Pty Ltd v CGU Insurance Ltd [2016] QCA 208. Insurance Law. The Policy. Principles of Construction. Collapse of crane on construction site. Crane damaged beyond repair. Respondent refused indemnity. Whether the primary judge erred in characterising the facts as a deliberate courting of the risk. Whether the overloading was “accidental”, whether the damage to the carne was “accidental, sudden and foreseen”. This is a leading insurance case, reported in the Lloyd’s Reports, on the proper construction of the policy and the meaning of “accident” in insurance.

JUDICIAL REVIEW AND ADMINISTRATIVE LAW

Having appeared on behalf of and against Commonwealth and State Agencies, Roger provides in-depth knowledge and experience in challenges to and in defence of the decisions of governmental bodies and agencies across the breadth of his practice. His experience includes:

Austin BMI Pty Ltd v Deputy Premier [2023] QSC 95. Administrative law. Judicial review. Procedural fairness. Human rights. The applicants sought orders that a decision to issue a Ministerial call-in notice in respect of a waste and recycling facility near Ipswich was invalid by reason of apprehended bias.

Inkerman Station Pty Ltd as trustee for the Inkerman Trust v Allen [2017] QSC 147.  Administrative Law Statutory interpretation. Judicial review. Jurisdictional facts. A matter concerning s 154 of the Land Act 1994 (Qld) and whether a requirement that an application for approval by a Minister that a pastoral lease be used for an additional purpose requires, as a fact necessary for the exercise of the power, that “the additional purpose is complementary to and does not interfere with the purpose for which the lease was originally issued”.

University of Queensland v Brisbane City Council & CBUS Property Brisbane Pty Ltd [2016] QPEC 35. Jurisdiction. Jurisdictional error concerning planning assessment level applied to construction of large high-rise residential development adjacent to Customs House.

Wright and Anor v Minister for Employment, Skills and Mining for the State of Queensland and Ors [2013] QCA 141. Energy and Resources. Statutory Interpretation. Administrative Law. Judicial Review. Renewal of mining lease. Whether the holder of a mining lease had complied with the terms of the lease, such as to permit renewal under the Mineral Resources Act 1989 (Qld). Whether a mine in “care and maintenance” meant the miner was using the land “comprised in the mining lease bona fide and for the purpose for which the mining lease was granted” under s 276(1)(a) of the Mineral Resources Act.

LAND LAW & PROPERTY AND NATIVE TITLE & HERITAGE

A renowned land and  property law barrister, with a track record of optimising client outcomes in all dispute resolution forums, Roger has demonstrated his expertise in disputes regarding inter alia property, land registration, easements and leases. He has a strong advice practice in areas relating to land use, including infrastructure, urban utilities, vegetation management, environmental law and rehabilitation after mining. His recent appearances include:

Harvey & Ors v Minister for Primary Industries and Resources, Northern Territory of Australia, Mount Isa Mines Limited, High Court Appeal, appeal heard Canberra, 5 September 2023, decision reserved.

Harvey v Minister for Primary Industries and Resources [2022] FCAFC 66. Statutory interpretation. Energy and Resources. Native Title. The Northern Territory intends to grant a mineral lease to MIM, for the purposes of dredge spoil area for a loading facility in the Gulf of Carpentaria, servicing MIM’s MacArthur River Mine. The issue of statutory interpretation was whether the proposed grant, a “future act”, was within s 24MD(6B)(b) of the Native Title Act 1993 (Cth), being the “creation of a right to mine for the sole purpose of the construction of an infrastructure facility associated with mining”.

MRV Metals Pty Ltd v Chief Executive, Department of Environment and Science [2020] QLC 9. Statutes. Interpretation. Financial assurance required under the Environmental Protection Act 1994 (Qld).

BWP Management Ltd v Ipswich City Council [2020] QCA 104. Statutes. Subordinate legislation. Construction generally. Real property. Rates and charges. Rating of land. Dispute concerning the proper rating category for Bunnings stores in Ipswich City Council area.

Inkerman Station Pty Ltd as trustee for the Inkerman Trust v Allen [2017] QSC 147.  Administrative Law Statutory interpretation. Judicial review. Jurisdictional facts. A matter concerning s 154 of the Land Act 1994 (Qld) and whether a requirement that an application for approval by a Minister that a pastoral lease be used for an additional purpose requires, as a fact necessary for the exercise of the power, that “the additional purpose is complementary to and does not interfere with the purpose for which the lease was originally issued”.

RATINGS AND TAXATION, VALUATION OF LAND, COMPULSORY ACQUISITION

Roger has extensive experience and renowned expertise in the areas of valuation of land for rating and tax purposes and the compulsory acquisition of land. Compulsory acquisition instructions include those relating to the compulsory acquisition of subterranean land relating to the Cross-River Rail, acquisitions for the construction of the Mackay Ring Road (Bruce Highway), for the use of land for koala habitat in the Redland Shire and for construction of the Legacy Way. Valuation cases for the purposes of ratings and tax include:

Eumundi Group Hotels Pty Ltd v Valuer General [2021] QLAC 2.

The Trust Company Ltd v Valuer General [2020] QLC 38

Ipswich City Council v BWP Management Ltd [2019] QLAC 1

BWP Management Ltd v Valuer General [2019] QLAC 4

Valuer General v Eastcote Pty Ltd [2019] QLAC 3

Drivas Lakes Pty Ltd as trustee v Valuer General [2019] QLC 42

FA Pidgeon & Son Pty Ltd v Valuer General [2019] QLC 26

Brisbane Square Pty Ltd v Valuer General [2016] QLC 69

GPT Re Ltd v Valuer General [2015] QLC 14

APT Petroleum Pty Ltd v Western Downs Regional Council [2014] QLC 17

Chief Executive, Department of Natural Resources and Mines v Kent Street Pty Ltd [2009] QCA 399.

PLANNING & ENVIRONMENT

Roger is recognised in Lloyd’s Lawyers and the AFR Best Lawyers for his work in Planning and Environment law. His brings to the area his broader expertise in public and administrative law. He is adept at conducting lengthy trials. Recent appeals include:

Bowyer Group Pty Ltd v Cook Shire Council [2022] QPEC 33

Goldicott House Pty Ltd v Brisbane City Council [2020] QPEC 11

Shun Pty LKtd v Logan City Council [2020] QPEC 31

Gillion Pty Ltd v Scenic Rim Regional Council [2018] QPEC 47

ENVIRONMENTAL LAW

Roger’s advice practice and court practice includes considerable experience in environmental and vegetation management legislation. His advice practice includes rehabilitation obligations for mining companies and the assessment of legislative risks for greenfield site developments. He appeared for the Department in Queensland’s most significant vegetation management case and again in an appeal concerning the environmental authority for a major North Queensland sustainable fishery development. Recent matters which have gone to hearing include:

Mainstream Aquaculture Queensland Pty Ltd v Chief Executive, Department of Environment and Science, BD800 of 2022, Environment Authority approved by Kent DCJ sitting in the Planning and Environment Court on 30 November 2023.

Knuth v Department of Natural Resources, Mines and Energy [2022] QCATA 26. Vegetation management. Vegetation Management Act 1999 (Qld). Statutory interpretation. PMAV.