Land and Environment Court

Judicial speeches and papers    

 

The speeches and papers are PDF documents and require Adobe Reader.


Justice Preston, Chief Judge

​21 February 2017'The Judicial Development of the Precautionary Principle', keynote address delivered by Justice Brian J Preston to the Queensland Government

Environmental Management of Firefighting Foam Policy Implementation Seminar, Brisbane.

​22 November 2016Rethinking Climate Change and the Law’, keynote address delivered by Justice Brian J Preston at the launch of (2016) 39(4) UNSW Law Journal Thematic Issue: Rethinking Climate Change and the Law, 22 November 2016, King & Wood Mallesons, Sydney.

​12 October 2016

​Adapting to a Sustainable Energy Future: The Role of Planning and Environmental Law, paper presented by Justice Brian J Preston to the Australasian Conference of Planning and Environment Courts and Tribunals 2016, 11-14 October, Adelaide Convention Centre, Adelaide.

​22 June 2016The Judicial Development of Ecologically Sustainable Development, paper presented by Justice Brian J Preston to the 'Environment in Court', IUCNAEL Colloquium 2016, 20-25 June, University of Oslo, Norway, published in Douglas Fisher (ed), Research Handbook on Fundamental Concepts of Environmental Law (Edward Elgar, 2016).

​28 January 2016

Achieving Court Excellence: The need for a collaborative approach, paper presented by Justice Brian J Preston and Registrar Joanne Gray to the 'Judiciary of the Future', International Conference on Court Excellence, 28-29 January 2016, The Fullerton Hotel, Singapore.

​4 December 2015

Implementing a Climate Conscious Approach in Daily Legal Practice, paper presented by Justice Brian J Preston to the Australian & New Zealand Legal Ethics Colloquium Fifth Bi-Annual Meeting: Sustainable Legal Ethics, 3-4 December 2015, Monash University Law Chambers, Melbourne.

​8 September 2015Biodiversity Offsets: Adequacy and Efficacy in Theory and Practice, paper presented by Justice Brian J Preston to the 13th IUCN Academy of Environmental Law Colloquium, 7 – 12 September, Jakarta, Indonesia, published in (2016) 33 Environmental and Planning Law Journal 93.

​28 May 2015Economic Valuation of the Environment, paper presented by Justice Brian J Preston to the Land and Environment Court Annual Conference, 28 - 29 May 2015, Manly, published in (2015) 32 Environmental and Planning Law Journal 301.

11 December 2014

Speech by Justice Brian J Preston on the acceptance of the Award of Honorary Fellow of the Environment Institute of Australia and New Zealand (EIANZ), 11 December 2014, Museum of Sydney, Sydney.

​28 November 2014

​Climate justice and the role of an international environmental court, paper presented by Justice Brian J Preston to the DLA Piper Climate Change, Planning and the Law student workshop, 28 November 2014, University of Queensland, Brisbane, published in M Baker-Jones (ed), Climate Change Adaptation, Planning and the Law, DLA Piper, Brisbane, 2015, 26.

13 November 2014

Protected Areas in the Courts: An Overview, speech delivered by Justice Brian J Preston to 'The Judiciary and Protected Areas' event at IUCN World Parks Congress, 13 November 2014, Sydney, published in [2015] 11 Resource Management Theory and Practice 22.

​12 November 2014

Writing Judgments 'Wildly', speech delivered by Justice Brian J Preston to the Australian Earth Laws Alliance Wild Law Judgments Workshop, 12 November 2014, University of New South Wales.

​24 October 2014

Specialised Court Procedures for Expert Evidence, plenary talk delivered by Justice Brian J Preston to Symposium on 'How to Utilise Expert Evidence in Court', 24 October 2014, Japan Federation of Bar Associations, Tokyo, Japan.

​22 October 2014

​The Adequacy of the Law in Satisfying Society's Expectations for Major Projects, paper presented by Justice Brian J Preston to the International Bar Assocation Annual Conference, 22 October 2014, Tokyo, Japan, published in (2015) 32 Environmental and Planning Law Journal 182.

5 October 2014

Characteristics of Successful Environmental Courts and Tribunals, paper presented by Justice Brian J Preston to the 27th LAWASIA Conference, 3 - 6 October 2014, Bangkok, Thailand, published in (2014) 26(3) Journal of Environmental Law 365.

17 September 2014

Launch of Justine Bell, Climate Change and Coastal Development Law in Australia (Federation Press, 2014), speech delivered by Justice Brian J Preston at the launch of Climate Change and Coastal Development Law in Australia, 17 September 2014, Brisbane, published as a book review in (2015) 32 Environmental and Planning Law Journal 294. 

3 July 2014

Unconventional Natural Gas in the Courts: An Overview, paper presented by Justice Brian J Preston to the 12th IUCN Academy of Environmental Law Colloquium, 31 June - 5 July 2014, Tarragona, Spain, published in (2014) 32(4) Journal of Energy & Natural Resources Law 277.

​29 May 2014

Update on Jurisdiction and Practice and Procedure, paper presented by Justice Brian J Preston to the Land and Environment Court Annual Conference, held on 29-30 May 2014 in Katoomba, Blue Mountains.

9 October 2013

Commentary on climate change justice and human rights - concepts for legal and institutional reforms, speech delivered by Justice Brian J Preston to the International Bar Association Annual Conference, 9 October 2013, Boston, USA.

17 September 2013

Unconventional natural gas in the courts: An overview, keynote address delivered by Justice Brian J Preston to the CleanUp 2013 Conference - 5th International Contaminated Site Remediation Conference, 17 September 2013, Melbourne.

5 August 2013

A précis of Justice Krishna Iyer’s contribution to the environmental jurisprudence of the Supreme Court of India, paper presented by Justice Brian J Preston to contribute to a Festschrift celebrating the 99th birthday of Justice Krishna Iyer.

20 July 2013

Characteristics of successful environmental courts and tribunals, paper presented by Justice Brian J Preston to the Eco Forum Global Annual Conference Guiyang 2013: The 3rd Environmental Justice Seminar, 19-21 July 2013, Guiyang, Guizhou, China.

28 June 2013

The effectiveness of the law in providing access to environmental justice: an introduction, presented by Justice Brian J Preston to the 11th IUCN Academy of Environmental Law Colloquium, held on 28 June 2013 in Hamilton, New Zealand, abridged version in P Martin, S Z Bigdeli, T Daya-Winterbottom, W du Plessis and A Kennedy (eds), The Search for Environmental Justice, Edward Elgar, 2015.

30 March 2013

Environmental public interest litigation: conditions of success, paper presented by Justice Brian J Preston to the International Symposium "Towards an Effective Guarantee of the Green Access: Japan's Achievements and Critical Points from a Global Perspective", held on 30-31 March 2013 on Awaji Island in Japan. This paper is also a chapter of the book: K. Uga (ed), Towards an Effective Guarantee of the Green Access (Shinzansha, 2014).

30 August 2012

Injunctions in planning and environmental cases, speech delivered by Justice Brian J Preston to the Australasian Conference of Planning and Environment Courts and Tribunals, held on 30 August 2012 in Bunker Bay, Western Australia, published in (2012) 36 Australian Bar Review 84. [PDF, 282kb]

2 August 2012

Language, learning and life: linked losses, keynote dinner speech delivered by Justice Brian J Preston to the Forum on Indigenous Knowledge and Biodiversity in India and Australia, held on 2 August 2012 in Sydney, published in (2014) 17 Asia Pacific Journal of Environmental Law 1. [PDF, 978kb]

17 May 2012

Natural justice by the courts: some recent cases, speech delivered by Justice Brian J Preston to the Land and Environment Court Annual Conference, held on 17-18 May 2012 in Sydney, published in (2013) 11 The Judicial Review  193. [PDF, 161kb]

30 April 2012

Adapting to the impacts of climate change: The limits and opportunities of law, speech delivered by Justice Brian J Preston to the Thought Leadership Seminar hosted by Institute for Sustainable Futures and University of Technology Sydney, held on 30 April 2012 in Sydney, published in (2013) 30 Environmental and Planning Law Journal 375.

21 October 2011 Senior Counsel: Recognition, Review, Requirements, Responsibilities and Renewal, a speech delivered by Justice Brian J Preston on the occasion of the 2011 new Senior Counsel announcing their appointment to the Land and Environment Court of NSW, published in (2011) 35 Australian Bar Review 185. [PDF, 79kb]

13 October 2011

The enduring importance of the rule of law in times of change, the keynote address delivered by Justice Brian J Preston to the Environment and Planning Law Association (NSW) (EPLA) Annual Conference: 'The times they are a-changin', held on 13-14 October 2011 in Sydney, published in (2012) 86 Australian Law Journal 175  [PDF, 103kb]

6 October 2011

International Quality Framework in operation at the Land and Environment Court of New South Wales, paper presented by Justice Brian J Preston to the AIJA Australasian Court Administrators' Conference, Australian Courts: Serving Democracy and its Publics, held on 6-7 October 2011 in Sydney. [PDF, 98kb]

16 September 2011

Internalising Ecocentrism in Environmental Law, paper presented by Justice Brian J Preston at the 3rd Wild Law Conference: Earth Jurisprudence - Building. Theory and Practice, held on 16-17 September 2011 at Griffith University, Queensland, published in M Maloney and P Burdon (eds), Wild Law - In Practice (Routledge, 2014).[PDF, 121kb]

11 August 2011

The Influence of Climate Change Litigation on Governments and the Private Sector, paper presented by Justice Brian J Preston at the University of Melbourne's workshop, "Beyond a Carbon Price: A Framework for Climate Regulation in Australia" held on 11-12 August 2011, Melbourne, published in (2011) 2(4) Climate Law 485. [PDF, 154kb]

28 May 2011

The Globalisation and Harmonisation of Environmental Law: An Australian Perspective, paper presented by Justice Brian J Preston to the International Environmental Law Symposium, Towards Rio+ 20: Contemporary Issues in International Environmental Law, 28 May 2011, Canberra, published in (2013) 16 Asia-Pacific Journal of Environmental Law 1.

22 March 2011

The Use of Restorative Justice for Environmental Crime, speech delivered by Justice Brian J Preston to the EPA Victoria Seminar on Restorative Environmental Justice, held on 22 March 2011 in Melbourne, published in (2011) 35 Criminal Law Journal 136. [PDF, 170kb]

11 March 2011

Enforcement of Environmental and Planning Laws in New South Wales, paper presented by Justice Brian J Preston to the Law and Sustainability Symposium 2011, held on 11 March 2011 in Brisbane, published in (2011) 16 Local Government Law Journal 72. [PDF, 117kb]

9 March 2011

The use of alternative dispute resolution in administrative disputes, paper presented by Justice Brian J Preston at the Symposium on Guarantee of the Right to Access to the Administrative Jurisdiction on the occasion of the 10th Anniversary of the Supreme Administrative Court of Thailand, held on 9 March 2011 in Bangkok, Thailand, published in (2011) 22 Australasian Dispute Resolution Journal 144. [PDF, 136kb]

3 - 4 February 2011

Operating an environment court: The experience of the Land and Environment Court of New South Wales and 12 benefits of judicial specialisation in environmental law, the keynote address delivered by Justice Brian J Preston at Renewing Environmental Law: A Conference for Public Interest Environmental Law Practitioners, held on 3- 4 February 2011 in Vancouver, Canada. [PDF, 397kb]

11 - 14 November 2010

Climate change litigation: a conspectus, a paper presented by Justice Brian J Preston to the LAWASIA 23rd Conference, held on 11-14 November 2010 in New Delhi, India, part 1 published in (2011) 5(1) Carbon and Climate Law Review 3 and part 2 published in (2011) 5(2) Carbon and Climate Law Review 244. [PDF, 338kb]

5 October 2010

Implementing the International Framework for Court Excellence: The experience of the Land and Environment Court of New South Wales, speech delivered by Justice Brian J Preston at the Asia-Pacific Courts Conference 2010, Singapore. [PDF, 121kb]

1 September 2010

Welcome Remarks for the dinner for the 30th anniversary of the Land and Environment Court of NSW, delivered by Justice Brian J Preston at Parliament House, Sydney.

​1 September 2010Welcome Remarks delivered by Justice Brian J Preston at the opening session of the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) 2010, Sydney. [PDF, 22kb]

26 August 2010

"Commentary on paper by Dr M Groves, 'Federal constitutional influences on State judicial review'" speech delivered by Justice Brian J Preston to the Australian Association of Constitutional Law (AACL) Seminar, Sydney. [PDF, 26kb]

4 April 2010

Global Warming, the Environment and Litigation: A Commentary, speech delivered by Justice Brian J Preston at the International Council of Advocates and Barristers, Fifth World Bar Conference, held between 1-4 April 2010 in Sydney. [PDF, 21kb]

23 December 2009

Water and Ecologically Sustainable Development in the Courts, a paper presented by Justice Brian J Preston at the University of South Australia, Australian Sustainability Laws and Water Management: The Future Symposium, published in (2009) 6 Macquarie Journal of International Comparative Environmental Law 129.[PDF, 85kb]

10 December 2009

Jurisprudence on ecologically sustainable development: Paul Stein's Contribution, a paper prsented by Justice Brian J Preston at the Symposium in honour of Paul Stein AM, December 10 2009, Westin Hotel, Sydney, published in (2012) 29 Environmental and Planning Law Journal 3. [PDF, 76kb]

2 October 2009

Leadership by the Courts in Achieving Sustainability, a paper presented by Justice Brian J Preston at the Resource Management Law Association of New Zealand Conference "Capital Leadership - In the National Interest?", held between 1-3 October 2009 in Wellington, New Zealand, published in (2010) 27 Environmental and Planning Law Journal 321; (2010) 6 Resource Management Theory and Practice 17.[PDF, 168kb]

20 August 2009

Climate Change Litigation in the Land and Environment Court of New South Wales and Other Courts, a paper presented by Justice Brian J Preston at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) in Christchurch, New Zealand. [PDF, 260kb]

7 April 2009

Sustainable Development in the Courts: The Polluter Pays Principle, a paper presented by Justice Brian J Preston to the 16th Commonwealth Law Conference in Hong Kong, published in (2009) 26 Environmental and Planning Law Journal 257. [PDF, 75kb]

8 February 2009

A judge's perspective on using sentencing databases, a paper presented by Justice Brian J Preston to "Judicial Reasoning: Art or Science?" Conference, published in (2010) 9(4) The Judicial Review 421, republished in (2010) 3 Journal of Court Innovation 247. [PDF, 54kb]

30 October 2008

The Art of Judging Environmental Disputes, published in (2008) 12 Southern Cross University Law Review 103. [PDF, 230kb]

17 October 2008

Water and Ecologically Sustainable Development in the Courts, a paper presented by Justice Brian J Preston at the University of South Australia, Australian Sustainability Laws and Water Management: The Future Symposium. [PDF, 85kb]

11 October 2008

Climate Change Litigation, a paper presented by Justice Brian J Preston to the Judicial Conference of Australia Colloquium, published in (2009) 9(2) The Judicial Review 205, republished in (2009) 26 Environmental and Planning Law Journal 169. [PDF, 152kb]

28 July 2008

Operating an environment court: the experience of the Land and Environment Court of New South Wales, a paper presented by Justice Brian J Preston to the Environmental Commission of Trinidad and Tobago Inaugural Distinguished Lecture on Environmental Law, published in (2008) 25 EPLJ 385. [PDF, 125kb]

26 June 2008

Consultation: One aspect of procedural propriety in administrative decision-making, paper presented by Justice Brian J Preston to the Australian Institute of Administrative Law 2008 Seminar Series "Administrative Law: Musings from the Bench", published in (2008) 15 AJ Admin L 185. [PDF, 40kb]

20 June 2008

The role of courts in relation to adaptation to climate change, paper presented by Justice Brian J Preston to the ANU and Centre for Climate Law and Policy and Griffith University Socio-Legal Research Centre "Adapting to Climate Change: Law and Policy" Conference, published in Tim Bonyhady, Jan McDonald and Andrew Macintosh (eds), Adapting to Climate Change: Australian Law and Policy (Federation Press, 2010). [PDF, 149kb]

30 April 2008

The establishment of an environmental crime sentencing database in New South Wales, published in (2008) 32 Crim LJ 214 and also as Judicial Commission of New South Wales Monograph No 32, June 2008. [PDF, 943kb]

28 February 2008

Ecologically Sustainable Development In the Context of Contaminated Land, a paper presented by Justice Brian J Preston to the Australian Land and Groundwater Association 1st Annual Conference, 28 February 2008, Gold Coast, published in (2008) 25 EPLJ 164. [PDF, 117kb]

15 November 2007

The Land and Environment Court of NSW: Moving Towards a Multi-Door Courthouse, keynote address delivered by Justice Brian J Preston  to the LEADR NSW Chapter Annual Dinner, 15 November 2007, Union, University and Schools Club of Sydney, Sydney ,published in (2008) 19 ADRJ 72 (Part I) and (2008) 19 ADRJ 144 (Part II). [PDF, 96kb]

26 September 2007

The Environment and its Influence on the Law, keynote address delivered by Justice Brian J Preston to the Legal Aid New South Wales Civil Law Conference, 26 September 2007, Mercure Hotel, Sydney, published in (2008) 82 ALJ 180. [PDF, 120kb]

22 August 2007

Administrative Law in an Environmental Context: An Update, a paper presented by Justice Brian J Preston to the New South Wales Bar Association Administrative Law Section Annual Dinner, 22 August 2007, Law Society Dining Room, Sydney, published in (2007) 15 AJ Admin L 11.[PDF, 94kb]

03 August 2007

Conciliation in the Land and Environment Court of NSW: History, Nature and Benefits, a paper presented by Justice Brian J Preston to the ACDC Training Program, 3 August, Intercontinental Hotel, Sydney, published in (2007) 13 LGLJ 110. [PDF, 90kb]

16 March 2007

Environmental Law 1927- 2007: Retrospect and Prospect, a paper presented by Justice Brian J Preston to the 'Past, Present and Future Perspectives on the Law' Judges' Review Conference 2007, 16 March 2007, The Westin, Sydney, published in (2007) 81 ALJ 616. [PDF, 116kb]

5 March 2007

Speech at the launch of Energy Law and the Environment, Rosemary Lyster and Adrian Bradbook (eds), 5 March 2007, University of Sydney Law School, Sydney, published in (2006) 9 APJEL 355. [PDF, 50kb]

08 February 2007

Practice and Procedure in the Land and Environment Court of New South Wales, a paper presented by Justice Brian J Preston to the Planning and Development and Environmental Law Conference, 8-9 February 2007, Grace Hotel, Sydney. [PDF, 115kb]

23 November 2006

Principles of Ecologically Sustainable Development, a presentation by Justice Brian J Preston to the National Trust of Australia (NSW) Corporate Breakfast, 23 November 2006, Sydney [PDF, 28kb]

16 October 2006

Principled Sentencing for Environmental Offences, a paper presented by Justice Brian J Preston to the Environmental Defenders' Office Annual Conference, 26 May 2006, Darlington Centre, Sydney, published in (2007) 31 Crim LJ 91 (Part I) and (2007) 31 Crim LJ 142 (Part II). [PDF, 65kb]

28 August 2006

Ecologically Sustainable Development in the Courts in Australia and Asia, a paper presented by Justice Brian J Preston to a seminar one environmental law organised by Buddle Findlay Lawyers, 28 August 2006, Wellington [PDF, 179kb]

21 July 2006

Judicial Implementation of the Principles of Ecologically Sustainable Development in Australia and Asia, a paper presented by Justice Brian J Preston to the Law Society of New South Wales Regional Presidents Meeting, 21 July 2006, Sydney [PDF, 172kb]

15 July 2006

Speech at the launch of the Northern Rivers Office of the Environmental Defender's Office, 15 July 2006, Northern Rivers Office of the Environmental Defender's Office [PDF, 25kb]

16 June 2006

Speech at the launch of Heritage Law in Australia by Ben Boer and Graeme Wiffen, 16 June 2006, University of Sydney, Sydney [PDF, 18kb]

14 June 2006

Ongoing Reforms of Practice and Procedure, a paper presented by Justice Brian J Preston to the Australian Environmental Business Network Annual Conference, 14 June 2006, Sydney [PDF, 78kb]

26 May 2006

Principled Sentencing for Environmental Offences, a paper presented to the 'Compliance and Enforcement: Toward More Effective Implementation of Environmental Law' 4th International IUCN Academy of Environmental Law Colloquium, 16-20 October 2006, White Plains, New York [PDF, 249kb]

26 April 2006

Address by Justice Brian J Preston at the Macquarie University Division of Law, 7th Annual Prizegiving Ceremony for Students in the Division of Law, 26 April 2006, Macquarie University, Sydney [PDF, 13kb]

17 April 2006

The Role of the Judiciary in Promoting Sustainable Development: The Experience of Asia and the Pacific, a paper presented by Justice Brian J Preston to the second Kenya National Judicial Colloquium on Environmental Law, 17-22 April 2006, Mombasa, Kenya, published in (2005) 9 APJEL 109. [PDF, 172kb]

11 April 2006

Standing to Sue at Common Law in Australia, a paper presented by Justice Brian J Preston to the Joint Seminar on Legality of Administrative Behaviours and Types of Adjudication, 11-13 April 2006, Xian, China [PDF, 132kb]

11 April 2006

Judicial Review of Illegality and Irrationality of Administrative Decisions in Australia, a paper presented by Justice Brian J Preston to the Joint Seminar on Legality of Administrative Behaviours and Types of Adjudication, 11-13 April 2006, Xian, China, published in (2006) 28 Aust Bar Rev 17. [PDF, 100kb]

21 March 2006

Appointment of Court Appointed Expert Witnesses in the Land and Environment Court, address by Justice Brian J Preston to the Urban Development Institute of Australia Legal Luncheon, 21 March 2006, Sofitel Wentworth Hotel, Sydney [PDF, 19kb]

10 January 2006

The Role of the Judiciary in Promoting Sustainable Development: The Experience of Asia and the Pacific, a paper presented by Justice Brian J Preston to the Kenya National Judicial Colloquium on Environmental Law, 10-13 January 2006, Mombasa, Kenya [PDF, 415kb]

14 November 2005

Address on the Occasion of the Swearing In of the Honourable Justice Preston as Chief Judge of the Land and Environment Court of New South Wales, 14 November 2005, Banco Court, Supreme Court of New South Wales [PDF, 46kb]


Justice Pain 

22 June 2016

 

Restorative Justice for Environmental Crime: An Antipodean Experience, paper presented to the IUCNAEL Colloquium 2016, Oslo, Norway, 22 June 2016
7 December 2015 Aboriginal Traditional Hunting Rights, a paper presented at the 13th Annual Colloquium of the IUCN Academy of Environmental Law in Jakarta, Indonesia. [PDF, 185kb]

30 June 2014Human rights and environmental rights: A role for domestic courts? - an Australian perspective

​7 March 2014 ACPECT 2014 Protective Costs

​27 February 2004 The Challenges Posed to State & Territory Planning Courts and Tribunals by the Federal Telecommunications Regime. [PDF, 75kb]

​24 October 2003 The Rise of Environmental Law in NSW and Federally. [PDF, 115kb]


Justice Sheahan

​25 November 2011 A response by Justice Terry Sheahan AO to the Symposium, 'The Future of Environmental Law' organised by the Law Council of Australia to mark the contributions of Ben Boer, Rob Fowler and Mahla Pearlman AO in the field of environmental and planning law, accepting on behalf of Mahla Pearlman AO. [PDF, 12kb]

​3 September 2010 Use of ADR in New South Wales and in the Land and Environment Court, a speech delivered at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) 2010, Sydney. [PDF, 39kb]

​19 March 2002Business, the Environment and Ethics - Sustainable Profit v Sustainable Planet. [PDF, 41kb]

​24 March 2000The Role and Operation of the Land and Environment Court. [PDF51kb]


Justice Pepper


​12 November 2016Climate Change Litigation: A Comparison Between Current Australian and International Jurisprudence, paper presented to the Sixth ASEAN Chief Justices' Roundtable on Environment, Manila, Philippines 12 November 2016.

​12 November 2016The Role of Judicial Networking and Information Sharing in Promoting and Implementing Environmental Law,  paper presented to the Sixth ASEAN Chief Justices’ Roundtable on Environment, Manila, Philippines, 12 November 2016.

​24 October 2016'Celebrating 100 Years of the Commonwealth Solicitor-General', closing remarks presented at Banco Court, Sydney

​22 June 2016Restorative Justice for Environmental Crime: An Antipodean Experience, paper presented to the IUCNAEL Colloquium 2016, Oslo, Norway, 22 June 2016

​22 June 2016

Are Courts Colour Blind to Country? Indigenous Cultural Heritage, Environmental Law and the Australian Judicial System, paper presented to the IUCNAEL Colloquium 2016, Oslo, Norway, 22 June 2016

23 March 2016Opening remarks to the UNSW Planning Law Update 2016, Sydney, 23 March 2016

​10 March 2016Mahla Pearlman Oration 2016 Chair Remarks, Sydney, 10 March 2016

​5 March 2016How to Lead a Successful Life of Crime in the Land and Environment Court of New South Wales: An (Updated) Guide to Criminal Prosecutions in the Court, presented at the Toongabbie Legal Centre

​14 November 2015How to Lead a Successful Life of Crime in the Land and Environment Court of New South Wales: A Guide to Criminal Prosecutions in the Court, presented at the Salvos Legal Series, Sydney 14 November 2015

​13 November 2015Opening remarks to the Morning Session of the 2015 NELA Conference, Sydney, 13 November 2015

​14 May 2015Hottubbing in Australia: the Use of Concurrent Expert Evidence, Paper presented to the Alaskan Bar Convention, Fairbanks, Alaska, 14 May 2015

19 March 2015​​A Basic Guide to Good Written and Oral Advocacy, Presentation given to Australian National University, College of Law, Masters of Criminal Practice, 19 March 2015

19 February 2015Recent Developments in Planning and Environment Law, Paper presented to UNSW CLE/CPD Seminar on 19 February 2015

14 December 2014An Introduction to Environmental Damages in Australia, opening remarks delivered to ASEAN Chief Judges’ Roundtable on Environment on 14 December 2014, Hanoi, Vietnam

2 April 2014'It's the Statute, Stupid': The Centrality of Statutory Interpretation in Judicial Review - notes of lecture given to Advanced Administrative Law, UNSW, 2 April 2014.

5 March 2014 Not Plants or Animals: the Protection of Indigenous Cultural Heritage in Australia, paper presented at the Australasian Conference of Planning and Environment Courts and Tribunals, Hobart, 5 March 2014

18 December 2013 Australian National University, College of Law Conferral of Awards Ceremony, 18 December 2013, Canberra, ACT

20 November 2013 Briginshaw in Land and Environment Court Proceedings - Introductory Observations from the Judicial Perspective - introductory remarks presented to Twilight Seminar, 20 November 2013, Judicial Commission of New South Wales

21 March 2012Expert Evidence in the Land and Environment Court - seminar presented to the Australian Property Institute, Sydney, 21 March 2012. [PDF, 209kb]

9 December 2012 Foreword, The NSW Young Lawyers Environmental and Planning Law Committee Environment and Planning Law Careers Guide 2012

9 November 2012 Speech on the occasion of the 2012 new Senior Counsel announcing their appointment to the Hon Justice Pepper[PDF, 16.1kb]

30 August 2012
Recent Developments in Sentencing for Environmental Offences - paper presented at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT), Perth, 28 August - 2 September 2012. [PDF, 105kb]

7 June 2012A Celebration of World Oceans Day - An Australian Perspective - introductory remarks given to the National Environmental Law Association and the NSW Young Lawyers Environment and Planning Law Committee’s seminar, A celebration of World Oceans Day: An Australian perspective, on 7 June 2012. [PDF, 19kb]

24 February 2011 The Constitutionalisation of Water Rights -paper presented to the Australian Association of Constitutional Law and the 2011 Gilbert + Tobin Constitutional Law Conference. [PDF, 116kb]

29 September 2010The Contribution of Women to Environmental Law in Australia - talk given to the Women Lawyers Association, Environmental Law Networking Forum. [PDF, 194kb]

9 June 2010Class 5 Hearings from the perspective of the Land and Environment Court of New South Wales - paper presented to the NSW Young Lawyers CLE Seminar Series 2010. [PDF, 24kb]

27 November 2009 Back to the future: Qarase v Bainimarama - paper presented by Justice Pepper at the International and Comparative Perspectives on Constitutional Law Conference 2009

14 September 2009 All I Ever Learned About Being a Good Barrister I Learned From Being a Judge: Good Oral Advocacy - paper presented to the NSW Bar Practice Course. [PDF, 41kb]

1 May 2009

Address on the occasion of the swearing in of the Hon Justice Pepper [PDF, 48kb]

Justice Moore​

2 February 2016Address on the occasion of the swearing in of the Honourable Justice Moore.

April 20​14

Paper on Assisting self-represented litigants – particularly for cases with on-site hearings or on-s​ite conciliation conferences – in the NSW Land and Environment Court given at the AIJA conference on 17 April

October 2013

Paper on The future of planning principles in the Court given at the EPLA Conference on 18 October.

April 2011

PowerPoint presentation to the joint Department of Planning and the Land and Environment Court information sessions on the new mandatory conciliation-hearing process for residential development appeals and on the new internal review of Council decisions. [PDF, 996kb]

24 March 2011

Seminar paper by Moore SC entitled MANAGING THE DA PROCESS FROM GO TO WHOA presented to NEERG Seminar on 24 March 2011. [PDF, 1131kb]

23 October 2010

Contrasting conciliation v mediation in the Land and Environment Court, a paper presented at the EPLA Conference. [PDF, 59kb]

15 September 2010

What the Court expects of conditions of consent, a paper presented to a NEERG Seminar. [PDF, 132kb]

4 November 2009

Changes in the processes and procedures for civil dispute resolution by the Land and Environment Court, a paper presented to a NEERG Seminar. [PDF, 569kb]

21 May 2009

The Relevance of the Court’s Planning Principles to the DA Process, a paper presented to a NEERG Seminar. [PDF, 115kb]

  

Justice Robson


Justice Craig

29 August 2012

Expert Evidence in the Land and Environment Court of NSW: A Synopsis, a paper presented at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT), Perth, 28 August - 2 September 2012. [PDF, 83kb]

​7 April 2011Overview of the Appeal Process, paper presented to the NEERG Seminar on 7 April 2011. [PDF, 130kb]

​2 March 2010 Address on the occasion of the Swearing In of the Honourable Justice Craig. [PDF, 39kb]


Justice Biscoe

14 November 2014 Developments in compensation for compulsory acquisition, a paper presented by Justice Peter Biscoe at EPLA, 14 November 2014. [ Annexures]

​5 March 2014Planning and Environmental Law, a paper that Justice Biscoe presented at the UNSW Faculty of Law CLE seminar on 5 March 2014. [PDF, 34kb]

30 April 2013

The New Judicial Review Rules 2013 a paper that Justice Biscoe presented at a seminar in Sydney to the Environment and Planning Law Association NSW on 30 April 2013. [PDF, 27.32 kb]

18 April 2013 How can valuers provide reports that meet the needs of the Court in compulsory acquisition compensation cases? a paper presented by Justice Peter Biscoe at the "Drafting Just Terms Compensation Reports" workshop at the Australian Property Institute on Thursday 18 April 2013. [PDF, 2.3kb]

26 October 2011

Transnational Freezing Orders, a paper delivered by Justice Peter Biscoe at Magdalen College, Oxford on 15 July 2011. (26 October 2011) [PDF, 214kb]

2 September 2010

"Land and Environment Court of NSW: Jurisdiction, structure and civil practice and procedure" a paper presented at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) 2010, Sydney. [PDF, 210kb]

10 September 2009

"Climate Change, Stormwater and the Law" a paper presented by Justice Peter Biscoe to a seminar on "Adapt Mitigate or Perish: The Effects of Climate Change on Stormwater Management" by the Stormwater Industry Association NSW. [PDF, 40kb]

3 September 2009

Scientific Experts in the Land and Environment Court. [PDF, 1785kb]

21 August 2009

Land and Environment Court of New South Wales: Practice and Procedure. [PDF, 58kb]

5 August 2009

New Environmental Laws Conference – State of Play, a paper presented by Justice Peter Biscoe to the Australian Environment Business Network’s. [PDF, 88kb]

30 July 2009

The New Cross Vesting Provisions and Mining Jurisdiction of the Land and Environment Court. [PDF, 54kb]

26 May 2009

Climate Change Litigation, a paper presented by Justice Peter Biscoe at the NSW Young Lawyers CLE Seminar. [PDF, 60kb]

15 April 2009

Ecologically Sustainable Development: Legal Principles, a paper presented by Justice Peter Biscoe to the postgraduate course in Environmental Law and Policy conducted by the Institute of Environmental Studies at the University of New South Wales. [PDF, 225kb]

19 March 2009

A Paper on "Practice and Procedure" by Justice Peter Biscoe for a visiting delegation of the Thai Judiciary. [PDF, 40kb]

04 Dec 2008

Emissions Trading Law. [PDF, 127kb]

21 Nov 2008

Global Warming, Climate Change and the Courts. [PDF, 60kb]

18 Oct 2008

Paper entitled "JIRS for Dummies" and Powerpoint Presentation given by Justice Biscoe at the EPLA Annual Conference. [PDF, 18kb]

13 Oct 2008

Land and Environment Court Practice Directions - How they Relate to Compensation Cases. [PDF, 210kb]

15 May 2008

Court Practice and Procedure for Experts. [PDF, 210kb]

13 May 2008

The Land and Environment Court Rules 2007. [PDF, 51kb]

02 June 2007

Ecologically Sustainable Development in New South Wales. [PDF, 225kb]

Appendices [PDF, 388kb]

16 September 2006

Expert Witnesses: Recent Developments in NSW. [PDF, 42kb]

13 March 2006

Address On The Occasion Of The Swearing In Of The Honourable Justice Biscoe. [PDF, 38kb]

Justice Lloyd

14 July 2002

An Environmental Lawyer Looks at the Lords' Prayer. [PDF, 31kb]

11 February 2000

The Preparation and Presentation of Expert Evidence. [PDF, 25kb]

16 May 2000

Address To The Federal Court Judicial Training Program. [PDF, 33kb]

07 November 1998

Judicial Accountability. [PDF, 41kb]

06 March 1998

Dispute Management in Local Government. [PDF, 19kb]

26 November 1997

Important 1997 Decisions of the LEC. [PDF, 59kb]

15 November 1997

A Judge's Perspective. [PDF, 44kb]

06 February 1997

Address On The Occasion Of The Swearing In Of The Honourable Mr Justice Lloyd. [PDF, 19kb]

 


Justice Jagot

06 March 2008

Paper: Launch of NSW Chapter – Planning Law Chapter, “Bridging the Gap – Planning and the Law” to the Planning Institute of Australia. [PDF, 38kb]

01 February 2006

Address On The Occasion Of The Swearing In Of The Honourable Justice Jagot. [PDF, 14kb]

  


Justice Talbot

05 December 2003

N.E.E.R.G. Seminar Presentation. [PDF, 43kb]

29 November 2003

Pre-Hearing Procedures in the Land and Environment Court. [PDF, 22kb]

08 August 2003

Expert Witness Forum. [PDF, 125kb]


Justice Bignold

13 March 2007

Address On The Occasion Of The Swearing Out Of The Honourable Justice Bignold. [PDF, 78kb]

15 May 2002

Practice and Procedure at the Land and Environment Court. [PDF, 49kb]

28 February 2001

Overview of Court - constitution, jurisdiction and procedures. [PDF, 24kb]

09 September 2000

The Land and Environment Court: It's Contribution to Australia's Development of Environmental Law. [PDF, 49kb]


Justice Cowdroy

01 August 1999

Address On The Occasion Of The Swearing In Of The Honourable Justice Cowdroy. [PDF, 29kb]


Justice McClellan, Chief Judge

11 September 2005

Access to Justice in Environmental Law - An Australian Perspective. [PDF, 137kb]

03 September 2005

Judicial conduct: still a live issue, some thoughts on the paper by Professor Peter A Sallman. [PDF, 29kb]

01 September 2005

Address On The Occasion Of The Farewell Ceremony for The Honourable Justice McClellan, Chief Judge. [PDF, 23kb]

13 July 2005

Environmental Issues - how should we resolve disputes? [PSF, 53kb]

13 May 2005

The Executive and the Judiciary - a potential for conflict. [PDF, 36kb]

20 March 2005

Expert Witnesses - The experience of the Land and Environment Court of NSW. [PDF, 44kb]

24 February 2005

Key Note Address: Expert Evidence - the experience of the Land and Environment Court of NSW. [PDF, 49kb]

18 September 2004

The Value of Civil Claims - How should courts and tribunals allocate resources?. [PDF, 49kb]

07 September 2004

Problems with Evidence. [PDF, 31kb]

27 July 2004

Recent Changes & Reforms at the Land and Environment Court of NSW. [PDF, 40kb]

10 June 2004

Amendments to the Court Rules and Practice Directions. [PDF, 39kb]

14 May 2004

Merit Appeals - Future Directions. [PDF, 29kb]

12 March 2004

Future Directions for Property Law. [PDF, 43kb]

28 November 2003

The Land and Environment Court - Achieving the Best Outcome for the Community. [PDF, 38kb]

25 August 2003

Address On The Occasion Of The Swearing In Of The Honourable Justice McClellan as Chief Judge. [PDF, 42kb]


Justice Pearlman, Chief Judge

05 September 2002

The dilemma presented by the self-represented party in merit hearings. [PDF, 83kb]

09 April 2002

Managing environmental impacts - the role of the Land and Environment Court in NSW. [PDF, 38kb]

14 November 2001

What's happening now? [PDF, 36kb]

05 October 2000

Celebration of 20 years of the Land and Environment Court. [PDF, 48kb]

05 September 2000

Address to The National Trust. [PDF, 28kb]



 

Commissioner Brown

18 October 2008

Paper on Court Panel - The Keys to the Effective Pre-Trial and Hearing Preparation and Presentation of Merit Appeals. [PDF, 115kb]


Commissioner Tuor

18 October 2008

Paper on The keys to effective pre trial and hearing preparation and presentation of merit appeals - Section 34 Conciliation Conferences. [PDF, 62kb]


Commissioner Pearson

2 September 2010

Paper on Planning Principles and Precedents in Merits Review, presented at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) 2010, Sydney. [PDF, 201kb]


Commissioner Taylor

18 October 2008

Paper on Legislative and policy challenges for the protection of diodiversity and bushland habitats: An evidence based approach. [PDF, 900kb]

 

 


 

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