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Speeches and Papers

Publications 2


Speeches and papersCoram
Chief Judge
Current Judges
Past Judges
Commissioners
Past Commissioners


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CHIEF JUDGE
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Justice Preston, Chief Judge
2 October 2009Leadership by the Courts in Achieving Sustainability, a paper delivered 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.
20 August 2009Climate Change Litigation in the Land and Environment Court of New South Wales and Other Courts, a paper delivered by Justice Brian J Preston at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) in Christchurch, New Zealand.
7 April 2009Sustainable 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.
8 February 2009A judge's perspective on using sentencing databases, a paper delivered by Justice Brian J Preston to "Judicial Reasoning: Art or Science?" Conference.
30 October 2008The Art of Judging Environmental Disputes, published in (2008) 12 Southern Cross University Law Review 103.
17 October 2008Water and Ecologically Sustainable Development in the Courts, a paper delivered by Justice Brian J Preston at the University of South Australia, Australian Sustainability Laws and Water Management: The Future Symposium.
11 October 2008 Climate Change Litigation, a paper delivered by Justice Brian J Preston to the Judicial Conference of Australia Colloquium, published in (2009) 9 The Judicial Review 205.
28 July 2008Operating an environment court: the experience of the Land and Environment Court of New South Wales, a paper delivered 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.
26 June 2008Consultation: 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.
20 June 2008The 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. The paper is also a chapter of the forthcoming book: Tim Bonyhady, Jan McDonald and Andrew Macintosh (eds), Adapting to Climate Change: Australian Law and Policy (Federation Press).
30 April 2008The 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.
28 February 2008Ecologically Sustainable Development In the Context of Contaminated Land, published in (2008) 25 EPLJ 164.
15 November 2007The Land and Environment Court of NSW: Moving Towards a Multi-Door Courthouse, published in (2008) 19 ADRJ 72 (Part I) and (2008) 19 ADRJ 144 (Part II).
26 September 2007The Environment and its Influence on the Law, published in (2008) 82 ALJ 180.
22 August 2007Administrative Law in an Environmental Context: An Update, published in (2007) 15 AJ Admin L 11.
03 August 2007Conciliation in the Land and Environment Court of NSW: History, Nature and Benefits, published in (2007) 13 LGLJ 110.
16 March 2007Environmental Law 1927-2007: Retrospect and Prospect, published in (2007) 81 ALJ 616.
5 March 2007Speech at the launch of Energy Law and the Environment, Rosemary Lyster and Adrian Bradbook (eds), speech published in (2006) 9 APJEL 355.
08 February 2007Practice and Procedure in the Land and Environment Court of New South Wales
23 November 2006 Principles of Ecologically Sustainable Development
16 October 2006Principled Sentencing for Environmental Offences, published in (2007) 31 Crim LJ 91 (Part I) and (2007) 31 Crim LJ 142 (Part II).
28 August 2006Ecologically Sustainable Development in the Courts in Australia and Asia
21 July 2006Judicial Implementation of the Principles of Ecologically Sustainable Development in Australia and Asia
15 July 2006Speech at the launch of the Northern Rivers Office of the Environmental Defender's Office
16 June 2006Speech at the launch of Heritage Law in Australiaby Ben Boer and Graeme Wiffen.
14 June 2006Ongoing Reforms of Practice and Procedure
26 May 2006Principled Sentencing for Environmental Offences
26 April 2006Address by Justice Brian J Preston at the Macquarie University Division of Law, 7th Annual Prizegiving Ceremony for Students in the Division of Law.
17 April 2006The Role of the Judiciary in Promoting Sustainable Development: The Experience of Asia and the Pacific, published in (2005) 9 APJEL 109.
11 April 2006Standing to Sue at Common Law in Australia
11 April 2006Judicial Review of Illegality and Irrationality of Administrative Decisions in Australia, published in (2006) 28 Aust Bar Rev 17.
21 March 2006Appointment of Court Appointed Expert Witnesses in the Land and Environment Court
10 January 2006The Role of the Judiciary in Promoting Sustainable Development: The Experience of Asia and the Pacific
14 November 2005Address 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


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CURRENT JUDGES

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Justice Biscoe
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.
3 September 2009Scientific Experts in the Land and Environment Court
21 August 2009Land and Environment Court of New South Wales: Practice and Procedure
5 August 2009New Environmental Laws Conference – State of Play, a paper presented by Justice Peter Biscoe to the Australian Environment Business Network’s .
30 July 2009The New Cross Vesting Provisions and Mining Jurisdiction of the Land and Environment Court
26 May 2009Climate Change Litigation, a paper presented by Justice Peter Biscoe at the NSW Young Lawyers CLE Seminar.
15 April 2009Ecologically 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.
19 March 2009A Paper on "Practice and Procedure" by Justice Peter Biscoe for a visiting delegation of the Thai Judiciary.
04 Dec 2008Emissions Trading Law
21 Nov 2008Global Warming, Climate Change and the Courts
18 Oct 2008Paper entitled "JIRS for Dummies" and Powerpoint Presentation given by Justice Biscoe at the EPLA Annual Conference
13 Oct 2008Land and Environment Court Practice Directions - How they Relate to Compensation Cases
15 May 2008Court Practice and Procedure for Experts
13 May 2008The Land and Environment Court Rules 2007
02 June 2007Ecologically Sustainable Development in New South Wales
Appendices
16 September 2006Expert Witnesses: Recent Developments in NSW
13 March 2006Address On The Occasion Of The Swearing In Of The Honourable Justice Biscoe



Justice Lloyd
14 July 2002An Environmental Lawyer Looks at the Lords' Prayer
11 February 2000The Preparation and Presentation of Expert Evidence
16 May 2000Address To The Federal Court Judicial Training Program
07 November 1998Judicial Accountability
06 March 1998Dispute Management in Local Government
26 November 1997Important 1997 Decisions of the LEC
15 November 1997A Judge's Perspective
06 February 1997Address On The Occasion Of The Swearing In Of The Honourable Mr Justice Lloyd



Justice Pain
27 February 2004The Challenges Posed to State & Territory Planning Courts and Tribunals by the Federal Telecommunications Regime
24 October 2003The Rise of Environmental Law in NSW and Federally




Justice Sheahan
19 March 2002Business, the Environment and Ethics - Sustainable Profit v Sustainable Planet
24 March 2000The Role and Operation of the Land and Environment Court




Justice Pepper
1 May 2009Address on the occasion of the swearing in of the Honourable Justice Pepper

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PAST JUDGES
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Justice Jagot
06 March 2008Paper: Launch of NSW Chapter – Planning Law Chapter, “Bridging the Gap – Planning and the Law” to the Planning Institute of Australia
01 February 2006
Address On The Occasion Of The Swearing In Of The Honourable Justice Jagot



Justice Talbot
05 December 2003N.E.E.R.G. Seminar Presentation
29 November 2003Pre-Hearing Procedures in the Land and Environment Court
08 August 2003Expert Witness Forum



Justice Bignold
13 March 2007Address On The Occasion Of The Swearing Out Of The Honourable Justice Bignold
15 May 2002Practice and Procedure at the Land and Environment Court
28 February 2001Overview of Court - constitution, jurisdiction and procedures
09 September 2000The Land and Environment Court: It's Contribution to Australia's Development of Environmental Law



Justice Cowdroy
01 August 1999Address On The Occasion Of The Swearing In Of The Honourable Justice Cowdroy




Justice McClellan, Chief Judge
11 September 2005Access to Justice in Environmental Law - An Australian Perspective
03 September 2005Judicial conduct: still a live issue, some thoughts on the paper by Professor Peter A Sallman
01 September 2005Address On The Occasion Of The Farewell Ceremony for The Honourable Justice McClellan, Chief Judge
13 July 2005Environmental Issues - how should we resolve disputes?
13 May 2005The Executive and the Judiciary - a potential for conflict
20 March 2005Expert Witnesses - The experience of the Land and Environment Court of NSW
24 February 2005Key Note Address: Expert Evidence - the experience of the Land and Environment Court of NSW
18 September 2004The Value of Civil Claims - How should courts and tribunals allocate resources?
07 September 2004Problems with Evidence
27 July 2004Recent Changes & Reforms at the Land and Environment Court of NSW
10 June 2004Amendments to the Court Rules and Practice Directions
14 May 2004Merit Appeals - Future Directions
12 March 2004Future Directions for Property Law
28 November 2003The Land and Environment Court - Achieving the Best Outcome for the Community
25 August 2003Address On The Occasion Of The Swearing In Of The Honourable Justice McClellan as Chief Judge




Justice Pearlman, Chief Judge
05 September 2002The dilemma presented by the self-represented party in merit hearings
09 April 2002Managing environmental impacts - the role of the Land and Environment Court in NSW
14 November 2001What's happening now?
05 October 2000Celebration of 20 years of the Land and Environment Court
05 September 2000Address to The National Trust


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COMMISSIONERS
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Senior Commissioner Moore
4 November 2009Changes in the processes and procedures for civil dispute resolution by the Land and Environment Court, a paper presented to a NEERG Seminar

Commissioner Brown
18 October 2008Paper on Court Panel - The Keys to the Effective Pre-Trial and Hearing Preparation and Presentation of Merit Appeals
Commissioner Tuor
18 October 2008Paper on The keys to effective pre trial and hearing preparation and presentation of merit appeals - Section 34 Conciliation Conferences


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PAST COMMISSIONERS
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Commissioner Taylor
18 October 2008Paper on Legislative and policy challenges for the protection of diodiversity and bushland habitats: An evidence based approach

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