Richard has a broad practice in public law (administrative law, judicial review and constitutional law) in the Federal Court, the NSW Supreme Court and the NSW Land and Environment Court. Some examples are set out here, for others please refer to the searchable index of cases below, or to the environmental law tab below.

• Malek Fahd Islamic School v Minister for Education and Training [2018] FCAFC 37, (2018) 158 ALD 415. Appeal from a decision of the AAT confirming that a school was conducted for profit and was ineligible for Federal funding under the Australian Education Act 2013.
• Spencer v Commonwealth of Australia [2018] FCAFC 17, (2018) 353 ALR 682. Among the many issues in this case were questions of constitutional law about the interaction of federal laws, intergovernmental agreements and State legislation and, in particular, whether State laws restricting native vegetation clearance amounted to the acquisition of property on farming land.
• Tarkine National Coalition Inc v Minister for the Environment [2015] FCAFC 89, (2015) 321 ALR 551, (2015) 208 LGERA 379. The appeal involved a challenge to the Minister’s decision under the Environment Protection and Biodiversity Conservation Act 1999 to approve proposed action by Venture Minerals to develop and operate a mine in north-west Tasmania, including a challenge to the validity of a bilateral agreement between Tasmania and the Commonwealth.
• Perrett v Attorney General of the Commonwealth (2015) 232 FCR 467; [2015] FCA 834. Appeared for the Attorney General (Cth) in proceedings concerned the validity of a legislative instrument increasing fees payable in the Family Court, following disallowance by the Senate of an earlier instrument that also set fees. Issues included the standing of members of Parliament to challenge the validity of legislative instruments and whether the later instrument was the 'same in substance' as earlier instrument.
• A v Independent Commission Against Corruption (2014) 88 NSWLR 240, [2014] NSWCA 414, (2014) 319 ALR 670. Appeared for ICAC in an appeal from a judicial review claim by a person served with a summons in an ICAC investigation. Issues included the interpretation of provisions of the ICAC Act and their constitutional validity in light of the implied freedom of communication in respect of government and political matters.
• Jones v Chief of Navy [2012] FCAFC 125, (2012) 205 FCR 458. Appeared for the Chief of Navy in an application by a former Lieutenant Commander in respect of his conviction of crimes against the Defence Force Discipline Act 1982 (Cth). Issues included the adequacy of directions given to the panel of the General Court Martial, the operation of relevant provisions of the Crimes Act 1900 (ACT) and the scope of the requirement of trial by jury in s 80 of the Constitution.

• In the High Court of Australia: Richard has appeared in many appeals and special leave applications, including Attwells v Jackson Lalic Lawyers [2016] HCA 16, (2016) 259 CLR 1 (appeared for the Law Society of New South in an appeal redefining advocate’s immunity from suit); EMI Songs v Larrikin Music Publishing (2011) (music copyright); Shafron v Australian Securities and Investments Commision (2012) (duties of directors and general counsel); Roadshow Films v iiNet (2012) (copyright and ISPs); Tolson v Roads and Maritime Services (2014) (compulsory acquisition of property); and Hunter v Hanson (2015) (procedure, limitation of actions and defamation). Before taking silk in 2009 he also appeared as the advocate in High Court appeals, Minister for Immigration v SZKTI (2009) (interpretation of Migration Act) and Macedonian Orthodox Community Church St Petka (2008) (powers and duties of a trustee of a charity), and as junior counsel in many appeals including Kartinyeri v Commonwealth (1998) (the ‘races power’ and validity of State legislation), Bass v Permanent Trustee (1999) (liability of NSW under the Trade Practices Act) and Re Patterson; Ex parte Taylor (2001) (decision making under the Migration Act).
• In the NSW Court of Appeal: Richard appears regularly in the NSWCA, including more than 20 decided cases in that Court in the last five years, such as Kaldas v Barbour (2017), 4nature v Centennial Springvale (2017), RMS v Allandale Blue Metal (2016); Perilya Broken Hill v Valuer-General (2015), Community Housing Ltd v Clarence Valley Council (2015), A v Independent Commission Against Corruption (2014) and State of NSW v Talovic (2014).
• In the Full Court of the Federal Court of Australia: including, for example, Spencer v Commonwealth of Australia (2018), Malek Fahd Islamic School v Minister for Education (2018), ACF v Minister for the Environment (2017), Oreb v ASIC (2017), Tarkine National Coalition v Minister for the Environment (2015), Quikfund Australia v Prosperity Group (2013) and Jones v Chief of Navy (2012).

Richard has appeared in a large variety of commercial disputes, at trial and on appeal, in the Supreme Court of New Wales, the Federal Court of Australia and other jurisdictions. Some examples are:

• Oztech Pty Ltd v Public Trustee of Queensland [2018] FCA 819. Appeared for the applicant in representative proceedings in the Federal Court that arose out of the respondent’s role as the trustee for noteholders in the Octaviar Notes Trust, in which the trustee is alleged to have failed to act promptly or sufficiently to protect the interests of the noteholders.
• Oreb v Australian Securities and Investments Commission [2017] FCAFC 49, (2017) 247 FCR 323. Corporations Law - statutory interpretation - meaning of the phrase "each of the corporations was wound up" in s 206F of the Corporations Act 2001.
• Pavlovic v Universal Music Australia (2015) 90 NSWLR 605; [2015] NSWCA 313 and [2015] NSWSC 791. Appeared for Universal Music Australia. Issues included whether there was a binding agreement in existence from solicitors' email exchanges and whether solicitors had actual authority or ostensible authority to bind their client to a contract for settlement of the dispute.
• Brown v Health Services Union (HSU East proceedings) [2012] FCA 644, (2012) 205 FCR 548. Appeared for NSW Minister for Finance and Services in applications for the approval of a scheme and appointment of an administrator to the State union and Federal Branches of the Health Services Union.
• ASIC v Hellicar; Shafron v ASIC (James Hardie case) (2012) 247 CLR 347 and (2012) 247 CLR 465. Appeared as co-Senior counsel (with Bret Walker SC) for Mr P Shafron at trial in the NSW Supreme Court, and on appeal to the NSW Court of Appeal and the High Court of Australia, in civil penalty proceedings brought by ASIC against the directors and officers of James Hardie for contraventions of s 180 of the Corporations Act 2001. Trial and NSWCA appeal reported in 83 ACSR 620; 81 ACSR 85; 256 ALR 199.
• HIH Royal Commission Dec 2001, Feb to Jul 2002, Sep to Dec 2002, Jan 2003. Appeared as counsel (and often as the advocate) for Arthur Andersen, instructed by Baker & McKenzie. The Royal Commission sat for more than 200 days and took oral evidence from 128 witnesses. The issues included the effect of, and proper accounting for, a number of reinsurance arrangements; the adequacy of numerous aspects of the audits of FAI and HIH over a number of years; and the general management and corporate governance practices of HIH.

Richard regularly advises and appears in proceedings involving competition and consumer law issues. The appearances include:

• iNova Pharmaceuticals v Reckitt Benckiser [2018] FCA 1209. Claim by the supplier of Difflam throat lozenges that the advertising campaign undertaken by the supplier of Strepfen throat lozenges was misleading or deceptive.
• Optus Mobile v Telstra Corporation [2018] FCA 745. Appeared for Optus Mobile in action to restrain advertising by Telstra in its “Unlimited” campaign.
• Novartis Pharmaceuticals Australia v Bayer Australia [2015] FCA 35, (2015) 111 IPR 1. Appeared for Bayer in successful defence of allegations of misleading or deceptive conduct in the promotion of medicine for the treatment of age-related macular degeneration.
• Australian Competition and Consumer Commission v Pirovic Enterprises [2014] FCA 544. Appeared for the respondent in a claim arising from the use by the respondent of the description "free range" in the sale of eggs.
• Showtime Touring Group v Mosley Touring Inc [2013] NSWCA 53, (2013) 296 ALR 597. Appeared for Mosely Touring, a company controlled by the rapper Timbaland. Issues included the principles applicable to the pleading of accessorial liability under s 75B of the Trade Practices Act 1974.
• Quikfund (Australia) v Prosperity Group International [2013] FCAFC 5, (2013) 209 FCR 368. Issues included (i) whether a finance broker / introducer was an agent of lessor under equipment leases, (ii) whether lessor liable for misleading and deceptive conduct, as a linked credit provider or otherwise under ASIC Act or TP Act, (iii) the operation of ss 51AF and 73 of the TP Act.
• SC Johnson & Son v Reckitt Benckiser (Australia) [2012] FCA 1266, (2012) 298 ALR 215. Appeared for the applicant in a claim under s 18 of the Australian Consumer Law in respect of the representations made on packaging of products sold as the Mortein NaturGard household insecticide system.
• Singtel Optus v Vodafone [2010] FCA 1448. Appeared for Vodafone, instructed by Allens. Trade practices - application for interlocutory injunction to restrain television advertising campaign.

Richard's advocacy experience in this area includes numerous trials and appeals in proceedings for judicial review of local and State government decisions; matters connected with compensation for the compulsory acquisition of land and the valuation of land (including mining land and heritage restricted land); contamination and remediation obligations of property owners, and the powers and procedures of the Land and Environment Court of New South Wales.

He frequently advises and appears for government clients (Ministers for the Environment of both the State and Commonwealth) and private clients, including Australian and international corporations involved in mining and resources, commercial and residential property development, agriculture and energy. For example, he is currently retained by Sydney Metro, Australia’s largest public transport project.

Richard is the immediate past President of the Environment and Planning Law Association (NSW) (December 2015 – December 2018), an association of more than 750 individual and corporate members who are lawyers and other professionals from public and private sectors involved in environmental law, local government, property and planning law.

Examples of advocacy experience in this area are:

• Muswellbrook Shire Council v Hunter Valley Energy Coal (No 3) [2018] NSWLEC 193. Council sought judicial review of an approval by the Secretary, Department of Planning and Environment of a rehabilitation plan for the Mt Arthur Coal Mine.
• Alexandria Landfill v Roads and Maritime Services (2018) (heard over approx. 8 weeks, judgment reserved). Claim for more than $500 million in compensation for the acquisition by RMS of 15.7 ha of land at St Peters, formerly used as a waste landfill and recycling business, for the purposes of the WestConnex project. Appeared for the RMS.
• 4nature v Centennial Springvale [2017] NSWCA 191, (2017) 224 LGERA 301. Appeared for the appellant, instructed by EDO NSW, in challenge to validity of State significant development consent for proposed extension of Springvale Mine - application of clause 10 of Sydney Drinking Water Catchment SEPP 2011 - consent authority must be satisfied the development will have a neutral or beneficial effect on water quality - decision of Planning Assessment Commission invalid.
• ACF v Minister for the Environment [2017] FCAFC 134, (2017) 251 FCR 359. Appeared for the Minister in an appeal from dismissal of an application for judicial review of the Minister's approval under the EPBC Act in respect of Adani's Carmichael mine in Queensland.
• Millers Point Fund Inc v Lendlease Millers Point [2016] NSWLEC 166, (2016) 220 LGERA 333. Judicial review of decisions of the Planning Assessment Commission to modify the Barangaroo concept plan and permit development of the Crown Casino Hotel Resort. Appeared for Crown Resorts, instructed by Ashurst
• Roads and Maritime Services v Allandale Blue Metal [2016] NSWCA 7, (2016) 212 LGERA 307. Appeared for Allandale Blue Metal in an appeal concerning compensation for compulsory acquisition of land used as a blue metal quarry. Issues included the application of the statutory provisions concerning market value and loss attributable to disturbance and whether compensation should be reduced by reason of the interest of a lessee of the property.
• Barangaroo Delivery Authority (2015-2016). Appeared for the BDA in various court proceedings and alternative dispute resolution processes concerning the planning and development of, and remediation of contamination in, land at Barangaroo.
• Perilya Broken Hill Ltd v Valuer-General [2015] NSWCA 400. Appeared for the appellant in a matter concerning the methodology and assumptions required when undertaking a statutory valuation of land used for mining (silver, lead and zinc).
• Philip v JPM Developments [2015] NSWSC 145, (2015) 17 BPR 33,887. Appeared in these proceedings in the NSW Supreme Court for the plaintiffs, who successfully enforced their rights under registered easements for a right of carriageway, preventing a proposed development of the land that constituted a substantial interference with their enjoyment of the right of carriageway.
• Clean Energy Finance Corporation (2013-2015). Advice on various issues to CEFC.
• Tempe Recreation (D.500215 and D.1000502) Reserve Trust v Sydney Water Corporation (2014) 88 NSWLR 449, [2014] NSWCA 437. Appeared for Sydney Water Corporation. Issues included the interpretation of easements acquired by SWC for the operation of the water supply pipeline from the Sydney desalination plant and the determination of the appropriate amount of compensation to the Reserve Trust under the provisions of the Crown Lands Act 1989.
• Warkworth Mining v Bulga Milbrodale Progress Association (2014) 86 NSWLR 527, [2014] NSWCA 105. Appeared for the second respondent and cross-appellant, the Minister for Planning (NSW). Appeal from decision refusing development application for major infrastructure project under Part 3A of the Environmental Planning and Assessment Act 1979 to extend the Warkworth coal mine in the Hunter Valley, on grounds including relevant and irrelevant considerations and denial of procedural fairness.
• Fullerton Cove Residents Action Group v Dart Energy (No 3) [2013] NSWLEC 38, (2013) 195 LGERA 229. Appeared for Dart Energy. Judicial review of decision to approve pilot coal seam gas exploration project. Grounds included alleged breaches of ss 111 and 112 of the Environmental Planning and Assessment Act 1979.

Richard has extensive experience appearing in cases dealing with equity, charities and trusts, such as:

• The Estate of Nicholas Paul Enright [2017] NSWSC 1646. Determination of separate questions concerning the construction of the Will of the playwright Nick Enright and the appointment of David Marr as "Literary Executor" of the copyright and other intellectual property in his works. Appeared for Mr Marr.
• Community Housing Limited v Clarence Valley Council (2015) 90 NSWLR 292; [2015] NSWCA 327 Charitable trusts - whether providing housing for low income persons is charitable - whether providing vocational training is charitable. Local government - whether land owner was a public charity and exempt from rates. Courts - whether the supervisory jurisdiction of the LEC was impliedly excluded by a specific right of appeal.
• Roads and Maritime Services v Rockdale Municipal Council [2015] NSWSC 1844. Supreme Court case in which the council held land on trust for a county road and other purposes and RMS brought proceedings to interpret the trusts and declare its rights in respect of the land. Issues also included the interaction of the trust obligations with the provisions of the Local Government Act 1993 (NSW) and whether the trust purposes were impractical or impossible and required a cy pres scheme.
• Metropolitan Petar v Mitreski [2009] NSWSC 106. Appeared on many occasions for the Attorney General (NSW) is this long running charities and trusts dispute. At the centre of the case were questions about the extent of authority of the Bishop of the Macedonian Orthodox Church and alleged breaches of trust and church law.
• Macedonian Orthodox Community Church St Petka Inc (2008) 237 CLR 66. Lead counsel for the State of NSW in the High Court of Australia in this appeal concerning trustees, judicial advice and charitable trusts.
• Northern Sydney and Central Coast Area Health Service v Attorney General [2007] NSWSC 881. Charitable trust proceedings concerning whether the purposes of the charitable gift of the house and land known as Graythwaite at North Sydney had failed and whether a cy pres scheme should be settled.
• Radmanovich v Nedeljkovic (2001) 52 NSWLR 641. Complicated charitable trust proceedings in relation to property of the Serbian Orthodox Church and numerous issues of equity and trusts. Appeared for the Attorney General (NSW).
• For many years Richard has been the author of the “Charities” chapter in the LexisNexis publication “Court forms, Precedents and Pleadings NSW”.

Since 2009 Richard has appeared in a number of significant copyright and patent proceedings. He advises and appears regularly in intellectual property disputes (in particular, music and film copyright). Some examples are:

• Sigma Pharmaceuticals and Alphahparm v Wyeth Australia [2018] FCA 1556. Patents - enforcement of undertakings as to damages after interlocutory injunctions wrongly granted - assessment of loss of opportunity for generic pharmaceutical suppliers to sell venlafaxine anti-depressant on the PBS and the private market.
• Application by Copyright Agency Limited [2018] ACopyT 3, ongoing. Application by Copyright Agency Limited under s 183A of the Copyright Act 1968 against the State of New South Wales for equitable remuneration of authors for the State's use of copyright material under s 183.
• Roadshow Films v Telstra Corporation (2016) 248 FCR 178, (2016) 122 IPR 81, [2016] FCA 1503 (site blocking - film and tv). Appeared for the applicants Foxtel, Roadshow Films and US movie studios in Australia’s first proceedings in the Federal Court in which a site blocking order was obtained to require ISPs to block internet access (to Pirate Bay and similar sites) under s115A of the Copyright Act 1968.
• Universal Music Australia v TPG Internet [2017] FCA 435, (2017) 348 ALR 493, (2017) 126 IPR 219 (site blocking - music)
• Dallas Buyers Club LLC v iiNet [2015] FCA 1437, 838, 422 and 317; (2015) 112 IPR 1; 114 IPR 297. Appeared for six internet service providers resisting preliminary discovery of information about account holders for the purposes of a potential claim against individuals alleged to have used the connection provided by the ISPs to infringe copyright in the film "Dallas Buyers Club". The applicant eventually abandoned the litigation.
• Seven Network (Operations) v Endemol Australia and Nine Network [2015] FCA 800, (2015) 114 IPR 287. Proceedings in which Seven, which owns copyright in ‘My Kitchen Rules’, sought an interlocutory injunction to restrain broadcast by the respondents of the series of reality television cooking program The Hotplate, based on alleged infringement of copyright in literary and dramatic works (including ‘format copyright’).
• ObjectiVision Pty Ltd v Visionsearch Pty Ltd [2014] FCA 1087, (2014) 108 IPR 244. Preliminary discovery of computer source code and software development materials, in respect of a potential right to relief arising from alleged copyright infringement and misuse of confidential information.
• Apple Inc v Samsung Electronics Co (hearing in 2013 over 55 days). Appeared as co-senior counsel for Samsung in defence of Apple's claims of patent infringement in respect of 11 Samsung devices, involving 19 standard and innovation patents for mobile phone user interface features and touchscreen technology. Samsung cross-claimed for invalidity. Heard by two judges of the Federal Court of Australia sitting together, the first time that procedure had been adopted. Separate proceedings commenced by Samsung sought judicial review of decisions of the Commissioner of Patents. August 2014 international settlement.
• Roadshow Films v iiNet (2012) 248 CLR 42. Appeared for iiNet (with co-senior counsel) at trial and on appeal to FCAFC and HCA. Claims under the Copyright Act 1968 that iiNet authorized its subscribers or users to infringe copyright by downloading movies using BitTorrent. In the Federal Court see (2011) 194 FCR 285 and (2010) 263 ALR 215.
• EMI Songs Australia v Larrikin Music Publishing (Kookaburra case) [2011] HCATrans 284; (2011) 191 FCR 444; (2010) 188 FCR 321; (2010) 263 ALR 155. I appeared for Larrikin at trial, on appeal to the Federal Court and for the respondent in an application for special leave to appeal to the High Court. The proceedings were a successful claim by Larrikin under the Copyright Act 1968 and Trade Practices Act 1974 in respect of the reproduction of a substantial part of the song "Kookaburra sits in the old gum tree" in the song "Down Under" by the Australian band Men at Work.

• Fellow of the Australian Academy of Law
• Editor of the Australian Law Reports (since August 2008). The ALR series is published by LexisNexis and reports cases in the High Court, the Federal Court and intermediate courts of appeal of the States and Territories
• Delegate of the President of the Australian Human Rights Commission (from time to time since 2013), responsible for the conduct of various inquiries into complaints made under the AHRC Act 1986 (Cth) by persons alleging an act or practice may be inconsistent with or contrary to a human right
• Past President of the Environment and Planning Law Association (NSW) Inc (December 2015 - December 2018). EPLA is an association of more than 750 individual and corporate members who are lawyers and other professionals from public and private sectors who are involved in environmental law, local government, property and planning law in New South Wales. EPLA conducts seminars and conferences, keeps members informed about important events and court decisions, and liaises with government departments and other authorities about government regulation and law reform
• Member of the National Human Rights Committee of the Law Council of Australia (since 2019)
• Member of the NSW Bar Association Working Party on the Over-Representation of Indigenous People in the NSW Criminal Justice System (since 2017)
• Past member of the Human Rights Committee of the NSW Bar Association (2006-2019)
• Past member of the Council of NSW Bar Association (elected for 2006-2007 and 2008-2009) and other committees of the NSW Bar Association including a Professional Conduct Committee
• Past member of the Advisory Council to the NSW Trustee and Guardian (2011-2016). The Advisory Council provided strategic planning and policy advice to the NSW Trustee and Guardian, a statutory office providing personal trustee and estate management services and financial management for over 13,000 people who lack capacity in NSW
• Past member of the Council of Law Reporting for New South Wales (2011-2015)

• “Coastal Erosion Litigation and Planning”, address to the 2018 Conference of the Environment & Planning Law Association, October 2018, North Head, Sydney.
• Appeared as a witness on behalf of the NSW Bar Association before the Legislation Review Committee of the NSW Parliament in its “Inquiry into the Operation of the Legislation Review Act 1987”, May 2018. The committee report was published in November 2018.
• “IMM v The Queen: a response”, [2016] (Winter) Bar News 40
• “Coastal and Marine Life Protection”, address to the 2016 Conference of the Environment & Planning Law Association, October 2016, Blue Mountains, NSW
• “Addressing online infringement: balancing the rights and interests of Australian rights holders, ISPs and the consumer public”, speaker at the Copyright Law and Practice Symposium, 23 October 2015
• “Commonwealth protection of movable cultural heritage”, presentation to the annual conference of the Environment and Planning Law Association, NSW, 16 October 2015
• R Lancaster and S Free, “The Relevancy Grounds in Environmental and Administrative Law”, in N Williams (Ed) Key Issues in Judicial Review (Federation Press, 2014)
• Chair of a NSW Bar Association seminar presented by the Hon M Kirby AC CMG, “UN Commission of Inquiry on Human Rights in North Korea: How the UN met the Common Law”, Sydney, 11 August 2014
• “The contribution of the ADT to Administrative Justice in NSW”, an address to the final ADT Members Conference 2013 (15 November 2013)
• Chair of a NSW Bar Association seminar presented by Anthony Whealy QC, Bret Walker SC and Phillip Boulten SC “The National Security Balancing Act: The relationship between Australia’s counter-terrorism legislation, principles of criminal justice and international obligations”, Sydney, 27 November 2012
• Author of “Charities” chapter in the LexisNexis publication Court Forms, Precedents and Pleadings New South Wales