Richard Lancaster SC is a barrister practising from Martin Place Chambers, Sydney.

He appears and advises in a broad range of regulatory and commercial disputes, including specialisation in the following areas of practice:

Administrative and constitutional law

Richard has a broad practice in public law (including administrative law, judicial review and constitutional law) across State and Federal Courts. Some examples are set out here, for others please refer to the searchable index of cases below and also in the environmental law section below.

  • The Environment Centre NT Inc v Minister for Resources and Water (No 2) [2021] FCA 1635. Judicial review of a Commonwealth legislative instrument issued under the Industry, Research and Development Act 1986 (Cth) and of Commonwealth decisions to make grants supporting gas exploration in the Northern Territory under the Beetaloo Cooperative Drilling Program.
  • North Parramatta Residents' Action Group v Infrastructure NSW (No 2) [2021] NSWCA 146, (2021) 248 LGERA 54. Challenge to the validity of the development consent for the Powerhouse Parramatta, on the ground that the EIS did not address feasible alternatives to the deconstruction and relocation of the heritage item Willow Grove.
  • Ivankovic v Western Australian Planning Commission [2020] WASC 401. Judicial review application in the WA Supreme Court under s 34 of the Commercial Arbitration Act 2012 (WA) in respect of an Arbitrator's award.
  • Muswellbrook Shire Council v Hunter Valley Energy Coal Pty Ltd [2019] NSWCA 216, (2019) 372 ALR 695, 238 LGERA 295. Administrative law issues in the context of regulation of mining operations in the Hunter Valley, including whether conditions of project approval specified objective criteria, satisfaction of which was a precondition to the exercise of the decision-maker’s powers (jurisdictional facts) and legal unreasonableness.
  • Malek Fahd Islamic School v Minister for Education and Training (2018) 260 FCR 212, [2018] FCAFC 37. 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) 262 FCR 344, [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) 233 FCR 254, [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.

Appeals

  • In the High Court of Australia: Richard has appeared in many appeals and special leave applications, including G Capital v RMS (2020); 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, such as North Parramatta Residents' Action Group v Infrastructure NSW (2021); AQC Dartbrook v Minister for Planning (2021); Alexandria Landfill v Transport for NSW (2020); Muswellbrook Shire Council v Hunter Valley Energy Coal (2019); RMS v United Petroleum (2019); 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, Allergan Australia v Self Care IP (2021); Hashtag Burgers v In-N-Out Burgers (2020); Phonographic Performance Company v Copyright Tribunal (2019);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).

Commercial law and class actions

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:

  • Fakhouri v NSW Health (ongoing). Class action in the NSW Supreme Court in which the plaintiff claims under the Industrial Relations Act 1996 (NSW) for unpaid award entitlements for junior doctors. Acting for NSW Health instructed by MinterEllison.
  • Haswell v Commonwealth of Australia (ongoing). Class action in the Federal Court in which the applicant claims damages for economic loss arising from the historical use of firefighting foam containing PFAS at seven military bases around Australia. Acting for the Commonwealth instructed by KWM.
  • Smith v Commonwealth of Australia (No 2) [2020] FCA 837. Three class actions commenced against the Commonwealth involving claims in nuisance, negligence and for contraventions of Environment Protection and Biodiversity Conservation Act 1999 (Cth) – claims alleged damage in relation to land and business value diminution caused by use of firefighting foam containing PFAS at Defence bases in Katherine (NT), Oakey (Qld) and Williamtown (NSW) - applications for approval of settlement pursuant to s 33V of the Federal Court of Australia Act 1976. Appeared for the Commonwealth instructed by KWM and AGS.
  • Wigmans v AMP Limited [2019] NSWSC 603. Representative proceedings in NSW Supreme Court. Multiplicity of proceedings - whether commencement of subsequent proceedings an abuse of process - application of case management principles - consideration of relevant factors to determine what is in best interest overall of group members.
  • 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.

Competition and consumer law

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

  • AFT Pharmaceuticals (AU) Pty Ltd v Reckitt Benckiser (Australia) Pty Ltd – decisions (No 2) [2020] FCA 1092 and (No 3) [2020] FCA 1352. Claim and cross-claim under the Australian Consumer Law in respect of the advertising of Maxigesic.
  • Unilever Australia Ltd v Beiersdorf Australia Ltd [2018] FCA 2076. Proceedings under the Australian Consumer Law in respect of the marketing of antiperspirant deodorants.
  • 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.

Environmental, local government and planning law

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.

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:

  • Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) [2021] NSWLEC 110. Judicial review in the Land and Environment Court of a decision to grant development consent to the Narrabri gas project. Issues included consideration of the greenhouse gas emissions of project, whether misconstruction or failure to consider impacts of project under the Mining SEPP, and whether the impacts of a future gas pipeline are impacts of the gas project.
  • North Parramatta Residents' Action Group v Infrastructure NSW (No 2) [2021] NSWCA 146, (2021) 248 LGERA 54. Appeal from a challenge to the validity of the development consent for the Powerhouse Parramatta, on the ground that the EIS did not address feasible alternatives to the deconstruction and relocation of the heritage item Willow Grove.
  • Alexandria Landfill v Transport for NSW [2020] NSWCA 165 and [2019] NSW LEC 98. 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 Transport.
  • Roads and Maritime Services v United Petroleum (2019) 99 NSWLR 279, [2019] NSWCA 41. Land law - compensation for compulsory acquisition of an interest in land terminable on one month’s notice - claim for loss attributable to disturbance - termination of business - claim for loss of ongoing profits of business - claim for additional rental paid to acquiring authority for period between compulsory acquisition and vacant possession. Determined by a five judge bench of the NSW Court of Appeal.
  • Muswellbrook Shire Council v Hunter Valley Energy Coal [2019] NSWCA 216, (2019) 238 LGERA 295 and [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.
  • 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 develo`pment 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.

Equity, charities and trusts

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”.

Intellectual property

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

  • Application by Isentia Pty Limited (No 2) [2021] ACopyT 3. Decision of the Copyright Tribunal in respect of contested terms and conditions of the copyright licence between publishers (represented by Copyright Agency) and media monitoring organisations (Isentia and Meltwater).
  • Hashtag Burgers v In-N-Out Burgers [2020] FCAFC 235, (2020) 159 IPR 186. Appear for the appellants. Claims for infringement of the mark IN-N-OUT BURGER under the Trade Marks Act 1995, contraventions of the Australian Consumer Law and passing off, in respect of the use by Hashtag Burgers of “Down-N-Out” and “D#wn N’Out”.
  • Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd [2021] FCAFC 163 and (2020) 156 IPR 413. Appeared for respondent, the makers of Freezeframe cosmetic products including FREEZEFRAME PROTOX, in claims brought by the owner of the trade mark BOTOX for infringement of the Trade Marks Act 1995 and contraventions of the Australian Consumer Law and the Therapeutic Goods Act 1989.
  • Merck KGaA v Merck Sharp & Dohme Corp (2020, settled). Appeared for the applicant in proceedings for infringement of the trade mark MERCK and for breach of a 1970 agreement regulating the use by the parties of the word “Merck” throughout the world.
  • Sigma Pharmaceuticals and Alphahparm v Wyeth Australia [2018] FCA 1556, (2018) 136 IPR 8. 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, subsequently settled. 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’).
  • 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. 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.
Richard Lancaster SC, barrister
 
 
 
 

Professional appointments and memberships

  • Senior Counsel since 2009
  • 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
  • Co-Chair of the Climate Change Committee of the NSW Bar Association (since 2022) and member of former Climate Change Panel (since 2020)
  • 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 NSW Bar Association Working Party on the Over-Representation of Indigenous People in the NSW Criminal Justice System (since 2017)
  • Past member of the National Human Rights Committee of the Law Council of Australia (2019-2022)
  • Member of the Silk Selection Committee of the NSW Bar Association (2020)
  • Past member of the Human Rights Committee of the NSW Bar Association (2006-2019)
  • Delegate of the President of the Australian Human Rights Commission (from time to time 2013 - 2019), 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 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)

Recent publications and seminars

  • 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

Employment history

Barrister

Senior Counsel since 2009 and barrister since 1997

Legal Research Officer

Office of the Solicitor General and Crown Advocate (NSW) [February 1994 — February 1997]. Research officer to the then Solicitor General (Mr Keith Mason QC) and Crown Advocate (Mr Rod Howie QC, then Ms Megan Latham). Particular experience in constitutional and administrative law, statutory interpretation, government contracts, environmental regulation and criminal appeals

Research assistant
(Associate /
Law clerk)

Justice M D Kirby AC CMG [part 1993]
President of the Court of Appeal, Supreme Court of NSW

Tipstaff
(Associate /
Law clerk)

Justice B J K Cohen, Equity Division, Supreme Court of NSW [part 1993]
Research in proceedings in the Equity Division (equity and commercial, probate and administration, charities and trusts)

 
 
 
 
 

A selection of recent cases appears below. Alternatively, view appellate cases only or find selected cases by subject area or jurisdiction:

ASMOF v State of New South Wales Commercial law and class actions
[2024] NSWSC 362 and 363 NSW Supreme Court

ASMOF v State of New South Wales [2024] NSWSC 362 and 363
Commercial law and class actions
NSW Supreme Court
Interlocutory applications in civil penalty proceedings brought by ASMOF in respect of alleged breaches of an industrial award regulating the conditions of junior doctors in NSW.

Cooke v Tweed Shire Council Environmental, local government and planning
[2024] NSWCA 50 NSW Court of Appeal

Cooke v Tweed Shire Council [2024] NSWCA 50
Environmental, local government and planning
NSW Court of Appeal
Characterisation of land use involving the cultivation of low-THC hemp plants, processing hemp leaves and the production of goods for sale - civil enforcement of provisions of Local Environment Plan – whether “horticulture” or “extensive agriculture" - whether processing ancillary or incidental to cultivation

Opal Packaging Australia v Orora Ltd Commercial law and class actions
[2024] VSC 81 and [2024] VSC 108 VIC Supreme Court

Opal Packaging Australia v Orora Ltd [2024] VSC 81 and [2024] VSC 108
Commercial law and class actions
VIC Supreme Court
Interlocutory applications in contractual dispute about liability under a share and asset purchase agreement

Neilson v Secretary, Department of Planning and Environment Administrative and constitutional
[2024] NSWCA 28 NSW Court of Appeal

Neilson v Secretary, Department of Planning and Environment [2024] NSWCA 28
Administrative and constitutional
NSW Court of Appeal
Management of Crown land under the National Parks and Wildlife Act - Whether the Secretary has duties to implement individual policies in a Plan of Management compellable by mandamus

Cofs Harbour City Council v Noubia Environmental, local government and planning
[2024] NSWCA 19 NSW Court of Appeal

Cofs Harbour City Council v Noubia [2024] NSWCA 19
Environmental, local government and planning
NSW Court of Appeal
Principles applicable to the determination of compensation for the compulsory acquisition of land

North East Forest Alliance Inc v Commonwealth of Australia Environmental, local government and planning
[2024] FCA 5 Federal Court of Australia

North East Forest Alliance Inc v Commonwealth of Australia [2024] FCA 5 view link
Environmental, local government and planning
Federal Court of Australia
Judicial review of intergovernmental agreement - whether the Regional Forest Agreement for the North East Region of NSW was effective - whether forestry operations undertaken in accordance with the agreement were exempt from the approval processes under Part 3 of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). Appeared for the Commonwealth.

National Parks Association of NSW Inc v Minister for Environment and Heritage Administrative and constitutional
[2023] NSWLEC 149 Land and Environment Court

National Parks Association of NSW Inc v Minister for Environment and Heritage [2023] NSWLEC 149 view link
Administrative and constitutional
Land and Environment Court
Judicial review of decision of the Minister to amend the Kosciuszko National Park Plan of Management, so as to permit the implementation of the Snowy 2.0 Hydro Project. The grounds of review alleged failure to comply with the amendment process required by the National Parks and Wildlife Act 1974 (NSW) and failure to take relevant considerations into account. Appeared for the Minister.

Palmanova Pty Ltd v Commonwealth of Australia Administrative and constitutional
[2023] FCA 1391 Federal Court of Australia

Palmanova Pty Ltd v Commonwealth of Australia [2023] FCA 1391 view link
Administrative and constitutional
Federal Court of Australia
Cultural heritage - application under the Protection of Movable Cultural Heritage Act 1986 (Cth) for recovery of Bolivian archaeological artefact seized by the Commonwealth after importation into Australia

Forest Carbon Methodology Pty Ltd v Schultz Commercial law and class actions
[2023] FCA 943 Federal Court of Australia

Forest Carbon Methodology Pty Ltd v Schultz [2023] FCA 943
Commercial law and class actions
Federal Court of Australia
Derivative proceedings alleging breaches of fiduciary duty in the conduct of businesses involved in projects and methods for Australian carbon credits - application for security for costs

The Next Generation (NSW) v State of New South Wales Administrative and constitutional
[2023] NSWCA 159 NSW Court of Appeal

The Next Generation (NSW) v State of New South Wales [2023] NSWCA 159 view link
Administrative and constitutional
NSW Court of Appeal
Appeal alleging Thermal Energy from Waste Regulation is beyond the regulation-making power in s 323 of Protection of the Environment Operations Act 1997 or inconsistent with the licensing scheme or with the EP&A Act. Appeared for the State

Opinion - Constitutional Recognition of the First Peoples of Australia by establ ... Administrative and constitutional
April 2023 High Court of Australia

Opinion - Constitutional Recognition of the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice April 2023 view link
Administrative and constitutional
High Court of Australia
Opinion attached to a submission made by Gilbert + Tobin (Submission 189) to the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum

Rirratjingu Aboriginal Corporation Administrative and constitutional
Commercial arbitration 2022-2023 Other courts and tribunals

Rirratjingu Aboriginal Corporation Commercial arbitration 2022-2023
Administrative and constitutional
Other courts and tribunals
Commercial arbitration and related proceedings in respect of the traditional Aboriginal ownership of land under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) in the Gove peninsula in north east Arnhem Land. Appeared for the RAC, instructed by Minter Ellison, Darwin.

Valuer-General v Sydney Fish Market Pty Ltd Environmental, local government and planning
[2023] NSWCA 52, (2023) 255 LGERA 415 NSW Court of Appeal

Valuer-General v Sydney Fish Market Pty Ltd [2023] NSWCA 52, (2023) 255 LGERA 415 view link
Environmental, local government and planning
NSW Court of Appeal
Valuation of land - Crown land - Crown lease restricted - whether lease granted in 1994 over Crown land used as the site of the Sydney Fish Market resulted in land being 'Crown lease restricted' for purposes of Valuation of Land Act 1916 (NSW), s 14I

Olde English Tiles Australia v Transport for New South Wales Environmental, local government and planning
[2023] HCATrans 12 High Court of Australia

Olde English Tiles Australia v Transport for New South Wales [2023] HCATrans 12
Environmental, local government and planning
High Court of Australia
Land law - compulsory acquisition of land - whether applicant had an interest in land - application for special leave to appeal

Ausbao (286 Sussex Street) Pty Ltd v Registrar General of NSW Environmental, local government and planning
[2023] NSWCA 18 NSW Court of Appeal

Ausbao (286 Sussex Street) Pty Ltd v Registrar General of NSW [2023] NSWCA 18 view link
Environmental, local government and planning
NSW Court of Appeal
Torrens title - Torrens assurance fund - circumstances in which compensation for loss of interest is not payable - where the loss or damage arises because of an error or miscalculation in the measurement of land - developer discovered that true total site area of land purchased for $55 million in the Sydney CBD was lower than recorded on deposited plan - Real Property Act 1900 (NSW), s 129. Appeared for the Registrar General.

Jam Land v Minister for the Environment Administrative and constitutional
[2022] FCA 1058, (2022) 178 ALD 406 Federal Court of Australia

Jam Land v Minister for the Environment [2022] FCA 1058, (2022) 178 ALD 406 view link
Administrative and constitutional
Federal Court of Australia
Administrative law - application for judicial review of remediation determination under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - alleged invalidity of instrument listing an endangered ecological community - alleged failure to comply with implied obligation of certainty - admissibility of expert evidence on judicial review

Olde English Tiles Australia v Transport for NSW Environmental, local government and planning
[2022] NSWCA 108, (2022) 108 NSWLR 503 NSW Court of Appeal

Olde English Tiles Australia v Transport for NSW [2022] NSWCA 108, (2022) 108 NSWLR 503 view link
Environmental, local government and planning
NSW Court of Appeal
Land law - compensation for compulsory acquisition of land - whether the applicant had an interest in land - five judge bench considers the meaning of "privilege over, or in connection with, the land"

Raghubir v Nicolopoulos Administrative and constitutional
[2022] FCAFC 97, (2022) 402 ALR 532 Federal Court of Australia

Raghubir v Nicolopoulos [2022] FCAFC 97, (2022) 402 ALR 532 view link
Administrative and constitutional
Federal Court of Australia
Scope of the jurisdiction of the Federal Court of Australia - want of jurisdiction in respect of a claim for damages for defamation by publications made wholly within NSW. Appeared as amicus curiae.

Tahmoor Coal v Visser Environmental, local government and planning
[2022] NSWCA 35, (2022) 250 LGERA 408 NSW Court of Appeal

Tahmoor Coal v Visser [2022] NSWCA 35, (2022) 250 LGERA 408 view link
Environmental, local government and planning
NSW Court of Appeal
Energy and resources - civil procedure - proprietor of active coal mine is a necessary party to an appeal by landowner under s 16 of the Coal Mine Subsidence Compensation Act 2017

Fakhouri v Secretary, NSW Ministry of Health Commercial law and class actions
[2022] NSWSC 233 NSW Supreme Court

Fakhouri v Secretary, NSW Ministry of Health [2022] NSWSC 233 view link
Commercial law and class actions
NSW Supreme Court
Representative proceedings - whether a claim by junior medical officers for the payment of overtime and other award entitlements can be pursued as a class action - whether scheme for recovery under Part 2 of Chapter 7 of the Industrial Relations Act 1996 (NSW) is incompatible with Part 10 of the Civil Procedure Act 2005 (NSW)

The Environment Centre NT Inc v Minister for Resources and Water (No 2) Administrative and constitutional
[2021] FCA 1635 Federal Court of Australia

The Environment Centre NT Inc v Minister for Resources and Water (No 2) [2021] FCA 1635 view link
Administrative and constitutional
Federal Court of Australia
Administrative law - judicial review of a Commonwealth legislative instrument issued under the Industry, Research and Development Act 1986 (Cth) and of Commonwealth decisions to make grants supporting gas exploration under the Beetaloo Cooperative Drilling Program. Appeared for Imperial Oil & Gas instructed by Baker McKenzie

Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Environmental, local government and planning
[2021] NSWLEC 110 Land and Environment Court

Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) [2021] NSWLEC 110 view link
Environmental, local government and planning
Land and Environment Court
Judicial review in the Land and Environment Court of a decision to grant development consent to the Narrabri gas project. Issues included consideration of the greenhouse gas emissions of project, whether misconstruction or failure to consider impacts of project under the Mining SEPP, and whether the impacts of a future gas pipeline are impacts of gas project.

Application by Isentia Pty Limited (No 2) Intellectual property
[2021] ACopyT 3 CTH tribunals

Application by Isentia Pty Limited (No 2) [2021] ACopyT 3 view link
Intellectual property
CTH tribunals
Decision of the Copyright Tribunal in respect of contested terms and conditions of the copyright licence between publishers (represented by Copyright Agency) and media monitoring organisations (Isentia and Meltwater).

Allergan Australia v Self Care IP Holdings Intellectual property
[2021] FCAFC 163, (2021) 393 ALR 595, 162 IPR 595 Federal Court of Australia

Allergan Australia v Self Care IP Holdings [2021] FCAFC 163, (2021) 393 ALR 595, 162 IPR 595 view link
Intellectual property
Federal Court of Australia
Trade marks - claim for infringement of the appellant’s BOTOX mark by using PROTOX as a trade mark - whether the respondents used the composite phrase “instant Botox alternative” as a trade mark - whether "defences" under s122 of the TM Act applied

North Parramatta Residents' Action Group v Infrastructure NSW (No 2) Environmental, local government and planning
[2021] NSWCA 146, (2021) 248 LGERA 54 NSW Court of Appeal

North Parramatta Residents' Action Group v Infrastructure NSW (No 2) [2021] NSWCA 146, (2021) 248 LGERA 54 view link
Environmental, local government and planning
NSW Court of Appeal
Challenge to the validity of the development consent for the Powerhouse Parramatta, on the ground that the EIS did not address feasible alternatives to the deconstruction and relocation of the heritage item Willow Grove.

AQC Dartbrook Management v Minister for Planning and Public Spaces Environmental, local government and planning
[2021] NSWCA 112, (2021) 105 NSWLR 152, (2021) 247 LGERA 318 NSW Court of Appeal

AQC Dartbrook Management v Minister for Planning and Public Spaces [2021] NSWCA 112, (2021) 105 NSWLR 152, (2021) 247 LGERA 318 view link
Environmental, local government and planning
NSW Court of Appeal
Joinder of parties - neither s 8.15(2) EP&A Act nor r 6.24 UCPR permitted joinder of party to proceedings under s 34(3) Land and Environment Court Act

Hashtag Burgers v In-N-Out Burgers Intellectual property
[2020] FCAFC 235, (2020) 385 ALR 514, 159 IPR 186 Federal Court of Australia

Hashtag Burgers v In-N-Out Burgers [2020] FCAFC 235, (2020) 385 ALR 514, 159 IPR 186 view link
Intellectual property
Federal Court of Australia
Proceedings for trade mark infringement, consumer law contraventions and passing off in a burger business by reason of DOWN-N-OUT being deceptively similar to IN-N-OUT BURGER

F45 Training v Body Fit Training Company Competition and consumer law
[2020] NSWSC 1879 NSW Supreme Court

F45 Training v Body Fit Training Company [2020] NSWSC 1879 view link
Competition and consumer law
NSW Supreme Court
Refusal of application to transfer proceedings to the Federal Court involving claims for misleading or deceptive conduct, passing off and infringement of a registered trade mark.

Ivankovic v Western Australian Planning Commission Administrative and constitutional
[2020] WASC 401 Other courts and tribunals

Ivankovic v Western Australian Planning Commission [2020] WASC 401 view link
Administrative and constitutional
Other courts and tribunals
Application for judicial review and application under s 34 of the Commercial Arbitration Act 2012 (WA) in respect of an Arbitrator's award that determined nil compensation due to claimant in respect of land injuriously affected by a road reservation in a planning scheme for Perth's North-West corridor. Issues included scope of judicial review and nature of s 34 application. Appeared for WAPC, instructed by State Solicitors Office WA.

Allergan Australia v Self Care IP Holdings Intellectual property
[2020] FCA 1530, (2020) 156 IPR 413 Federal Court of Australia

Allergan Australia v Self Care IP Holdings [2020] FCA 1530, (2020) 156 IPR 413 view link
Intellectual property
Federal Court of Australia
Appeared for respondent, the makers of Freezeframe cosmetic products including FREEZEFRAME PROTOX, in claims brought by the owner of the trade mark BOTOX for infringement of the Trade Marks Act 1995 and contraventions of the Australian Consumer Law and the Therapeutic Goods Act 1989.

Alexandria Landfill v Transport for NSW Environmental, local government and planning
[2020] NSWCA 165, (2020) 103 NSWLR 479, (2020) 243 LGERA 102 NSW Court of Appeal

Alexandria Landfill v Transport for NSW [2020] NSWCA 165, (2020) 103 NSWLR 479, (2020) 243 LGERA 102 view link
Environmental, local government and planning
NSW Court of Appeal
JUDGMENTS AND ORDERS – reasons – compulsory acquisition of land – assessment of compensation by Land and Environment Court – allegations of constructive failure to exercise jurisdiction and inadequacy of reasons – highly complex discounted cash flow exercise undertaken in protracted hearing – appeal confined to questions of law – minimum acceptable standard of reasons LAND LAW – compulsory acquisition of land – compensation for disturbance and special value – ss 57 and 59(f) Land Acquisition (Just Terms Compensation) Act 1991

Coffs Harbour City Council v Noubia Environmental, local government and planning
[2020] NSWCA 142, (2020) 246 LGERA 56 NSW Court of Appeal

Coffs Harbour City Council v Noubia [2020] NSWCA 142, (2020) 246 LGERA 56 view link
Environmental, local government and planning
NSW Court of Appeal
CIVIL PROCEDURE – hearings – procedural fairness – judge preferring evidence of one expert over another – earlier role of expert addressed during proceedings – basis of preference based on earlier role – no unfairness ENVIRONMENT AND PLANNING – consent – conditions – construction – transfer of land to Council – public purpose JUDGMENTS AND ORDERS – reasons – duty to give reasons – failure to give reasons – constructive failure to exercise jurisdiction distinguished

Smith v Commonwealth of Australia (No 2) Commercial law and class actions
[2020] FCA 837 Federal Court of Australia

Smith v Commonwealth of Australia (No 2) [2020] FCA 837 view link
Commercial law and class actions
Federal Court of Australia
Representative proceedings – applications for approval of settlements of three class actions pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) – three class actions commenced against the Commonwealth involving claims in nuisance, negligence and for contraventions of Environment Protection and Biodiversity Conservation Act 1999 (Cth) – claims alleged damage in relation to land and business value diminution caused by use of firefighting foam containing PFAS at Defence bases in Katherine (NT), Oakey (Qld) and Williamtown (NSW). Appeared for the Commonwealth instructed by KWM and AGS.

G Capital Corporation v Roads and Maritime Services Environmental, local government and planning
[2020] HCASL 14 High Court of Australia

G Capital Corporation v Roads and Maritime Services [2020] HCASL 14
Environmental, local government and planning
High Court of Australia
Application for special leave to appeal dismissed. Applicant sought to raise questions concerning the Court of Appeal's determination that, as lessor of commercial property in the CBD, the applicant did not make "actual use of the land" within the meaning of s 59(1)(f) of the Land Acquisition (Just Terms Compensation) Act 1991

Council of the NSW Bar Association v ECC Administrative and constitutional
[2019] NSWCATOD 171 NSW tribunals

Council of the NSW Bar Association v ECC [2019] NSWCATOD 171 view link
Administrative and constitutional
NSW tribunals
Application for disciplinary findings and orders against a barrister - operation of statutory provisions providing for delegation from Legal Services Commissioner of power to commence proceedings - absence of power of the Bar Council to commence proceedings in NCAT under former delegation to the NSW Bar Association

BK, CO and DE and their families complaints against the Commonwealth Administrative and constitutional
[2018] AusHRC 128 Other courts and tribunals

BK, CO and DE and their families complaints against the Commonwealth [2018] AusHRC 128 view link
Administrative and constitutional
Other courts and tribunals
Report into the practice of the Australian Government of sending to Nauru families with young children who arrived in Australia seeking asylum. Investigation and report under the Australian Human Rights Commission Act 1986 as the delegate of the President of the AHRC. Report completed December 2018 and tabled in Parliament September 2019.

Muswellbrook Shire Council v Hunter Valley Energy Coal Environmental, local government and planning
[2019] NSWCA 216, (2019) 372 ALR 695, (2019) 238 LGERA 295 NSW Court of Appeal

Muswellbrook Shire Council v Hunter Valley Energy Coal [2019] NSWCA 216, (2019) 372 ALR 695, (2019) 238 LGERA 295 view link
Environmental, local government and planning
NSW Court of Appeal
Administrative law - claim for judicial review of decision of Secretary of Department of Planning in respect of rehabilitation plan for Mt Arthur coal mine - “jurisdictional facts” - whether conditions of project approval specified objective criteria, satisfaction of which was a precondition to the exercise of the decision-maker’s powers - unreasonableness - whether decision-maker’s satisfaction with a mining strategy was legally unreasonable

Alexandria Landfill v Roads and Maritime Services Environmental, local government and planning
[2019] NSWLEC 98 Land and Environment Court

Alexandria Landfill v Roads and Maritime Services [2019] NSWLEC 98 view link
Environmental, local government and planning
Land and Environment Court
Determination of compensation for the compulsory acquisition of land at St Peters, Sydney for the purposes of the WestConnex road project. Site used for landfilling and waste operations. Claim made for over $500 million based on claims for market value of hypothetical development concepts, valued by discounted cash flow methodology; claims for loss attributable to disturbance under s 59, including loss of future profits; and a claim for special value. Court determined compensation in the amount of $50 million.

Merck KGaA v Merck Sharp Dohme Corp Intellectual property
[2019] FCA 1084, (2019) 145 IPR 72 Federal Court of Australia

Merck KGaA v Merck Sharp Dohme Corp [2019] FCA 1084, (2019) 145 IPR 72 view link
Intellectual property
Federal Court of Australia
Preliminary question as to whether the respondents are precluded, by issue estoppel or the principles of abuse of process, from denying that the proper law of an agreement is German law. Claim for damages for breach of contract and trade mark infringement.

Phonographic Performance Company of Australia v Copyright Tribunal of Australia Intellectual property
[2019] FCAFC 95, (2019) 368 ALR 203, (2019) 141 IPR 406 Federal Court of Australia

Phonographic Performance Company of Australia v Copyright Tribunal of Australia [2019] FCAFC 95, (2019) 368 ALR 203, (2019) 141 IPR 406 view link
Intellectual property
Federal Court of Australia
Application for judicial review of a decision of the Copyright Tribunal that made an order for a copyright licensing scheme under Part VI of the Copyright Act for the subscription television industry. Appeared for Foxtel Management.

Wigmans v AMP Limited Commercial law and class actions
[2019] NSWSC 603 NSW Supreme Court

Wigmans v AMP Limited [2019] NSWSC 603 view link
Commercial law and class actions
NSW Supreme Court
Representative proceedings in NSW Supreme Court. Multiplicity of proceedings - whether commencement of subsequent proceedings an abuse of process - application of case management principles - consideration of relevant factors to determine what is in best interest overall of group members

Australian Coal Alliance v Wyong Coal Administrative and constitutional
[2019] NSWLEC 31 Land and Environment Court

Australian Coal Alliance v Wyong Coal [2019] NSWLEC 31 view link
Administrative and constitutional
Land and Environment Court
Judicial review of development consent issued by the NSW Planning Assessment Commission for the Wallarah 2 Coal Project. Grounds included alleged failure to consider downstream greenhouse gas emissions and ecologically sustainable development.

Roads and Maritime Services v United Petroleum Environmental, local government and planning
(2019) 99 NSWLR 279, (2019) 236 LGERA 389, [2019] NSWCA 41 NSW Court of Appeal

Roads and Maritime Services v United Petroleum (2019) 99 NSWLR 279, (2019) 236 LGERA 389, [2019] NSWCA 41 view link
Environmental, local government and planning
NSW Court of Appeal
Land law - compensation for compulsory acquisition of an interest in land terminable on one month’s notice - claim for loss attributable to disturbance - termination of business - claim for loss of ongoing profits of business - claim for additional rental paid to acquiring authority for period between compulsory acquisition and vacant possession.

Unilever Australia v Beiersdorf Australia Competition and consumer law
[2018] FCA 2076 Federal Court of Australia

Unilever Australia v Beiersdorf Australia [2018] FCA 2076 view link
Competition and consumer law
Federal Court of Australia
Claims under the Australian Consumer Law in respect of representations about the efficacy of antiperspirant deodorants. Appeared for the respondent, instructed by Allens.

Application by Copyright Agency Limited Intellectual property
[2018] ACopyT 3 CTH tribunals

Application by Copyright Agency Limited [2018] ACopyT 3 view link
Intellectual property
CTH tribunals
Application by Copyright Agency Limited under s 183A of the Copyright Act 1968 (Cth) against the State of New South Wales for equitable remuneration of authors for the State's use of copyright material under s 183. Appear for CAL instructed by Banki Haddock Fiora

Sigma Pharmaceuticals and Alphahparm v Wyeth Australia Intellectual property
[2018] FCA 1556, (2018) 136 IPR 8 Federal Court of Australia

Sigma Pharmaceuticals and Alphahparm v Wyeth Australia [2018] FCA 1556, (2018) 136 IPR 8 view link
Intellectual property
Federal Court of Australia
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. Appeared for Alphapharm instructed by King & Wood Mallesons.

Herron v HarperCollins Publishers Australia Defamation
[2018] FCA 1495 Federal Court of Australia

Herron v HarperCollins Publishers Australia [2018] FCA 1495 view link
Defamation
Federal Court of Australia
Publisher brought application for summary dismissal of claims for defamation commenced by the applicants, who were formerly doctors practising at Chelmsford Private Hospital, in respect of a chapter of the book "Fair Game" by Steve Cannane. Appeared for applicants instructed by Kennedys.

Optus Mobile v Telstra Corporation Competition and consumer law
[2018] FCA 745 Federal Court of Australia

Optus Mobile v Telstra Corporation [2018] FCA 745 view link
Competition and consumer law
Federal Court of Australia
Federal Court found contravention by Telstra of the Australian Consumer Law in respect of the "Unlimited" advertising campaign for Telstra's mobile network. Appeared for Optus Mobile, instructed by Clayton Utz.

Malek Fahd Islamic School v Minister for Education and Training Administrative and constitutional
[2018] FCAFC 37, (2018) 260 FCR 212 Federal Court of Australia

Malek Fahd Islamic School v Minister for Education and Training [2018] FCAFC 37, (2018) 260 FCR 212 view link
Administrative and constitutional
Federal Court of Australia
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 Administrative and constitutional
[2018] FCAFC 17, (2018) 353 ALR 682 Federal Court of Australia

Spencer v Commonwealth of Australia [2018] FCAFC 17, (2018) 353 ALR 682 view link
Administrative and constitutional
Federal Court of Australia
Constitutional law. State laws restricting native vegetation clearance did not effect an acquisition of property within the meaning of s 51(xxxi) of the Constitution. Certain federal laws, intergovernmental agreements and related conduct did not amount to joint action of the Commonwealth and NSW State governments by which the appellant's property had been acquired. The Full Court also affirmed the rejection of claims for unjust enrichment and for damages for an action on the case.

The Estate of Nicholas Paul Enright Equity, charities and trusts
[2017] NSWSC 1646 NSW Supreme Court

The Estate of Nicholas Paul Enright [2017] NSWSC 1646 view link
Equity, charities and trusts
NSW Supreme Court
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 work. Appeared for Mr Marr.

Merrick v R Criminal law
[2017] NSWCCA 264 NSW Court of Criminal Appeal

Merrick v R [2017] NSWCCA 264 view link
Criminal law
NSW Court of Criminal Appeal
Appeared for the Crown - Appeal against conviction for offence of manslaughter by unlawful and dangerous act - Appeal against sentence on multiple grounds including no discount for conditional offer to plead guilty

Kaldas v Barbour Administrative and constitutional
[2017] NSWCA 275, (2017) 350 ALR 292 NSW Court of Appeal

Kaldas v Barbour [2017] NSWCA 275, (2017) 350 ALR 292 view link
Administrative and constitutional
NSW Court of Appeal
Separate questions arising in an application by Mr Kaldas, former Deputy Commissioner of NSW Police, for judicial review of a report of the NSW Ombudsman. Raised issues of administrative law (scope of judicial review of the report in light of ss 35 and 35A of the Ombudsman Act 1974) and constitutional law (validity of those provisions if they preclude review)

4nature Inc v Centennial Springvale Environmental, local government and planning
[2017] NSWCA 191, (2017) 224 LGERA 301 NSW Court of Appeal

4nature Inc v Centennial Springvale [2017] NSWCA 191, (2017) 224 LGERA 301 view link view link
Environmental, local government and planning
NSW Court of Appeal
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

Roadshow Films v Telstra Corporation (site blocking - film and tv) Intellectual property
(2016) 248 FCR 178, (2016) 122 IPR 81, [2016] FCA 1503 Federal Court of Australia

Roadshow Films v Telstra Corporation (site blocking - film and tv) (2016) 248 FCR 178, (2016) 122 IPR 81, [2016] FCA 1503 view link
Intellectual property
Federal Court of Australia
Appeared for the owners of copyright in films and tv series (Roadshow, US movie studios and Foxtel) in proceedings for site blocking orders under section 115A of the Copyright Act 1968.

Attwells v Jackson Lalic Lawyers Commercial law and class actions
(2016) 259 CLR 1, (2016) 331 ALR 1, [2016] HCA 16 High Court of Australia

Attwells v Jackson Lalic Lawyers (2016) 259 CLR 1, (2016) 331 ALR 1, [2016] HCA 16 view link
Commercial law and class actions
High Court of Australia
Appeared for the Law Society of New South Wales, intervening in an appeal concerning the scope of an advocate's immunity from suit for conduct of a case in court, in particular for advice in respect of consent orders effecting the settlement of the proceedings.

Dallas Buyers Club LLC v iiNet Intellectual property
[2015] FCA 1437, 838, 422 and 317; (2015) 112 IPR 1, 114 IPR 297, ... Federal Court of Australia

Dallas Buyers Club LLC v iiNet [2015] FCA 1437, 838, 422 and 317; (2015) 112 IPR 1, 114 IPR 297, 115 IPR 544 view link view link view link
Intellectual property
Federal Court of Australia
Appeared for the respondent ISPs in a series of applications brought against six internet service providers for 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"

Community Housing Limited v Clarence Valley Council Environmental, local government and planning
(2015) 90 NSWLR 292, [2015] NSWCA 327 NSW Court of Appeal

Community Housing Limited v Clarence Valley Council (2015) 90 NSWLR 292, [2015] NSWCA 327 view link
Environmental, local government and planning
NSW Court of Appeal
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.

Pavlovic v Universal Music Australia Commercial law and class actions
(2015) 90 NSWLR 605, [2015] NSWCA 313 NSW Court of Appeal

Pavlovic v Universal Music Australia (2015) 90 NSWLR 605, [2015] NSWCA 313 view link
Commercial law and class actions
NSW Court of Appeal
Contracts - whether binding agreement in existence from solicitors' email exchanges. Agency - whether solicitors had actual authority or ostensible authority to bind client to a contract for settlement of dispute.

Warkworth Mining v Bulga Milbrodale Progress Association Environmental, local government and planning
(2014) 86 NSWLR 527, [2014] NSWCA 105 NSW Court of Appeal

Warkworth Mining v Bulga Milbrodale Progress Association (2014) 86 NSWLR 527, [2014] NSWCA 105 view link
Environmental, local government and planning
NSW Court of Appeal
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. Senior counsel for the Minister for Planning, the second respondent and cross-appellant.

Apple Inc v Samsung Electronics Co Intellectual property
(hearing in 2013 over 55 days; international settlement of claims ... Federal Court of Australia

Apple Inc v Samsung Electronics Co (hearing in 2013 over 55 days; international settlement of claims in Aug 2014)
Intellectual property
Federal Court of Australia
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 of each of the patents. Heard by Bennett J and Yates J sitting together. Separate proceedings commenced by Samsung sought judicial review of decisions of the Commissioner of Patents. Apple and Samsung discontinued their respective claims as part of the August 2014 international settlement of existing proceedings.

ASIC v Hellicar; Shafron v ASIC (James Hardie case) Commercial law and class actions
(2012) 247 CLR 347 and (2012) 247 CLR 465 High Court of Australia

ASIC v Hellicar; Shafron v ASIC (James Hardie case) (2012) 247 CLR 347 and (2012) 247 CLR 465 view link view link
Commercial law and class actions
High Court of Australia
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 (2011) 83 ACSR 620; (2010) 81 ACSR 85; (2009) 256 ALR 199.

Roadshow Films v iiNet Intellectual property
(2012) 248 CLR 42 High Court of Australia

Roadshow Films v iiNet (2012) 248 CLR 42 view link
Intellectual property
High Court of Australia
Senior counsel for iiNet (with R Cobden SC) at trial and on appeal. Claims under the Copyright Act 1968 that iiNet authorized its subscribers or users to infringe copyright by downloading movies using BitTorrent. The primary decisions in the Federal Court are [2011] FCAFC 23, (2011) 194 FCR 285 and [2010] FCA 24, (2010) 263 ALR 215.

EMI Songs Australia v Larrikin Music Publishing (Kookaburra case) Intellectual property
[2011] HCATrans 284; (2011) 191 FCR 444; (2010) 188 FCR 321; (201 ... High Court of Australia

EMI Songs Australia v Larrikin Music Publishing (Kookaburra case) [2011] HCATrans 284; (2011) 191 FCR 444; (2010) 188 FCR 321; (2010) 263 ALR 155 view link
Intellectual property
High Court of Australia
Senior counsel for the applicant at trial, on appeal to the Federal Court and for the respondent in an application for special leave to appeal to the High Court. Claim under the Copyright Act 1968 and Trade Practices Act 1974 in respect of the reproduction of a substantial part of "Kookaburra sits in the old gum tree" in the song "Down Under" by Men at Work.

Macedonian Orthodox Community Church St Petka Inc Equity, charities and trusts
(2008) 237 CLR 66 High Court of Australia

Macedonian Orthodox Community Church St Petka Inc (2008) 237 CLR 66 view link
Equity, charities and trusts
High Court of Australia
Trustees - judicial advice - charitable trusts. Lead counsel for the State of NSW in the High Court of Australia.

HIH Royal Commission Commercial law and class actions
Dec 2001, Feb to Jul 2002, Sep to Dec 2002, Jan 2003 Other courts and tribunals

HIH Royal Commission Dec 2001, Feb to Jul 2002, Sep to Dec 2002, Jan 2003
Commercial law and class actions
Other courts and tribunals
Counsel 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 Lancaster SC
    Martin Place Chambers
    Level 32
    52 Martin Place
    Sydney NSW 2000
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    P: +61 2 8227 9600
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    DX 130 Sydney
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    Clerk: email
    Michele Kearns

    M: 0419 621161
 
 
 
Site: artCollection | Identity: Toben | Photo: Tony Amos
 

 

Richard Lancaster acknowledges the Gadigal people of the Eora Nation, the traditional custodians of the land and waters of central Sydney, and pays respect to all Elders past, present and emerging.