About Us

We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

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Latest Case

Advising on market-changing divestments September 25, 2018

Maddocks  acted for the founder of Australia’s largest private pilot training school, Soar Aviation, on the group’s 50 percent sale to Australian private equity investor The Growth Fund. Soar Aviation was started in 2012 by … Continued

Latest News

Strong signals: Maddocks advises on television broadcast services outsourcing October 10, 2018

Wednesday 10 October 2018 Maddocks has advised NPC Media on its deal to provide playout services for Southern Cross Austereo’s 105 television broadcast signals through NPC Media’s new playout centre. NPC Media is a joint … Continued

Latest Article

When being natural can be misleading: recent consideration of organic product claims October 15, 2018

Recent decisions by the Australian Competition and Consumer Commission and the Federal Court of Appeal have demonstrated that it can be a fine line between branding and product claims: with a wrong step amounting to … Continued

Barnaby McIlrath Special Counsel

Barnaby joined Maddocks’ Planning and Environment group in 2005 and was appointed Special Counsel in 2014. He is a Law Institute of Victoria Accredited Specialist in planning and environment law.
He regularly appears before VCAT and Planning Panels Victoria and has acted in a range of proceedings in the Supreme Court and the Magistrates’ Court.

Background

Barnaby joined Maddocks’ Planning and Environment group in 2005 and was appointed Special Counsel in 2014. He is a Law Institute of Victoria Accredited Specialist in planning and environment law.
He regularly appears before VCAT and Planning Panels Victoria and has acted in a range of proceedings in the Supreme Court and the Magistrates’ Court.

Barnaby joined Maddocks’ Planning and Environment group in 2005 and was appointed Special Counsel in 2014. He is a Law Institute of Victoria Accredited Specialist in planning and environment law.

He regularly appears before VCAT and Planning Panels Victoria and has acted in a range of proceedings in the Supreme Court and the Magistrates’ Court.

Legal expertise

 town planning and environment law
 contaminated land, waste management and industrial development
 major project approvals
 climate change law and sustainable development
 tribunal advocacy.
  • Town planning and environment law
  • Contaminated land, waste management and industrial development
  • Major project approvals
  • Climate change law and sustainable development
  • Tribunal advocacy

Relevant experience

General

  • Advocacy – Barnaby has twelve years’ experience appearing before VCAT’s Planning and Environment List, mediations and in hearings before Planning Panels Victoria.
  • Advisory – all aspects of town planning and environment law.
  • Local government liability, compensation and risk management.
  • Supreme Court appeals from the Planning List of VCAT and judicial review proceedings.
  • Use of statutory agreements under the Conservation, Forests & Lands Act 1987, the Planning and Environment Act 1987 and the Victorian Conservation Trust Act 1972.

Panels and Inquiries

  • Environmentally Efficient Design Panel and Advisory Committee – acted for joint council planning authorities for 6 local ‘ESD’ planning policies.
  • Residential Zones Standing Advisory Committee  and Amendment C174 (Cooper Street Employment Precinct) – appeared for the City of Whittlesea.

Major Projects

  • Victorian Desalination Project Panel Inquiry  – acted for Cardinia Shire Council (power supply corridor).
  • Hazelwood Power Station coal field extension – acted for environment groups in judicial review proceedings under section 39 of the Planning and Environment Act 1987 (Australian Conservation Foundation & Ors v Minister for Planning [2004] VCAT 2029).
  • Mornington Harbour Environment Effects Statement Inquiry – acted for Mornington Peninsula Shire Council.
  • East West Link – advised a bidding consortium regarding environmental and planning issues.

Contaminated land, pollution and industry

  • Merindah Park Remediation – acts for Bayside City Council regarding judicial review challenge to a clean-up notice issued by the EPA, associated with lead contamination of public open space.
  • Brookland Greens Estate class action – advising the project team on environmental and planning issues.
  • Water pollution prosecution –  acted for a rural  council  in relation to water pollution charges under the Environment Protection Act 1970. Barnaby negotiated an alternative sentencing order for the client and avoided conviction.
  • Statutory notices issued by the EPA – Barnaby has advised numerous councils regarding administrative review rights.
  • Landfills and resource recovery  – acts for numerous councils regarding landfill  and resource recovery proposals.
  • Preparing section 173 agreements for remediation of potentially contaminated land.

Biodiversity and Climate Change

  • Carbon sequestration rights – advised the Victorian Department of Premier and Cabinet and DSE on Parts 4 and 5 of the Climate Change Act 2010.
  • Biodiversity Conservation Strategy (BCS) – advised the City of Whittlesea regarding planning implications of the BCS approved under the EPBC Act.