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Latest Case

Assisting on whole of government technology agreements November 2, 2017

Maddocks advised the Commonwealth Government’s Digital Transformation Agency (DTA) on its whole of government purchasing agreement with SAP. The DTA was set up in 2015 to assist government departments and agencies with digital transformation and … Continued

Latest News

Construction and Projects special counsel joins Maddocks January 17, 2018

17 January 2018 Maddocks has appointed Sefton Warner as a special counsel in the firm’s Construction and Projects team. Sefton brings to Maddocks extensive front-end construction projects experience, having worked on a number of major … Continued

Latest Article

2017: In Review – The biggest tech trends and events of the year January 17, 2018

2017 has been another frenetic and significant year for the technology sector. In keeping with Commvault and Maddocks’ joint mission to deliver you practical guidance, our end of year wrap-up highlights the most significant technology … 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.