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Speeches and Papers


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Chief Judge:

Past Judges:

Commissioners:

Preston CJ

Current Judges:
Biscoe J
Sheahan J
Pain J
Pepper J
Craig J

Lloyd J
Bignold J
Cowdroy J
Jagot J
Talbot J
McClellan CJ
Pearlman CJ

Moore SC
Brown C
Tuor C
Pearson C

Past Commissioners:
Taylor C

Justice Preston, Chief Judge
21 October 2011Senior 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.

13 October 2011The 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.

6 October 2011International Quality Framework in operation at the Land and Environment Court of New South Wales, 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.

16 September 2011Internalising Ecocentrism in Environmental Law, 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.

11 August 2011The Influence of Climate Change Litigation on Governments and the Private Sector, 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.

22 March 2011The Use of Restorative Justice for Environmental Crime, 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.

11 March 2011Enforcement of Environmental and Planning Laws in New South Wales, 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.

9 March 2011The use of alternative dispute resolution in administrative disputes, 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.

3 - 4 February 2011Operating 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.

11 - 14 November 2010Climate change litigation: a conspectus, a paper delivered 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.

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

1 September 2010Welcome 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.

26 August 2010"Commentary on paper by Dr M Groves, 'Federal constitutional influences on State judicial review'" delivered by Justice Brian J Preston to the Australian Association of Constitutional Law (AACL) Seminar, Sydney.

4 April 2010Global Warming, the Environment and Litigation: A Commentary,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.

23 December 2009Water 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, published in (2009) 6 Macquarie Journal of International Comparative Environmental Law 129.

10 December 2009Jurisprudence on ecologically sustainable development: Paul Stein's Contribution", a paper delivered at the Symposium in honour of Paul Stein AM, December 10 2009, Westin Hotel, Sydney.

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,published in (2009) 26 Environmental and Planning Law Journal 257.

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, published in (2010) 9(4) The Judicial Review 421, republished in (2010) 3 Journal of Court Innovation 247.

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(2) The Judicial Review 205, republished in (2009) 26 Environmental and Planning Law Journal 169.

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 book: Tim Bonyhady, Jan McDonald and Andrew Macintosh (eds), Adapting to Climate Change: Australian Law and Policy (Federation Press, 2010).


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

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

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

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 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
25 November 2011A 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.

3 September 2010Use 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

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
May 2011Expert Evidence in the Land and Environment Court

24 February 2011The Constitutionalisation of Water Rights - A paper presented to the Australian Association of Constitutional Law and the 2011 Gilbert + Tobin Constitutional Law Conference

29 September 2010The Contribution of Women to Environmental Law in Australia, a talk given to the Women Lawyers Association, Environmental Law Newtworking Forum

9 June 2010Class 5 Hearings from the perspective of the Land and Environment Court of New South Wales a paper presented by Justice Pepper to the NSW Young Lawyers CLE Seminar Series 2010

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

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

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

Justice Craig
2 March 2010Address on the occasion of the Swearing In of the Honourable Justice Craig



Past Judges

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 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




Commissioners

Senior Commissioner Moore
April 2011PowerPoint presentation by Moore SC 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 are now available.

24 March 2011Seminar paper by Moore SC entitled MANAGING THE DA PROCESS FROM GO TO WHOA presented to NEERG Seminar on 24 March 2011.

23 October 2010Contrasting conciliation v mediation in the Land and Environment Court, a paper presented at the EPLA Conference

15 September 2010What the Court expects of conditions of consent, a paper presented to a NEERG Seminar

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

21 May 2009The Relevance of the Court’s Planning Principles to the DA Process, 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



Commissioner Pearson
2 September 2010Paper on Planning Principles and Precedents in Merits Review, presented at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) 2010, Sydney




Past Commissioners

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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