Land and Environment Court of NSW

Judicial speeches and papers

Chief Judge

Justice Preston

Date Speech

2 November 2023

'The Right to a Clean, Sustainable and Healthy Environment: Nature, Content and Realisation' (PDF, 466.6 KB), paper presented to the 2023 Blackshield Lecture, Macquarie Law School, Macquarie University, 2 November 2023.

10 September 2023

'Specialist environmental courts: their objective, integrity and legitimacy' (PDF, 438.4 KB), presented to AAL, AIJA and ALJ 'Enduring Courts in Changing Times' Conference, 10 September 2023, Sydney.

08 August 2023

'The role of the courts in delivering environmental justice' (PDF, 246.9 KB) a paper presented to the University of Newcastle School of Law and Justice - Sir Ninian Lecture on 4 August 2023.

06 July 2023

'Mainstreaming Climate Change in Legal Education' (PDF, 283.5 KB) a paper presented to the Te Piringa Faculty of Law, University of Waikato and IUCN Academy of Environmental Law Webinar, 6 July 2023.

22 June 2023

Can litigation assist in implementing the outcome fo the global stocktake? (PDF, 481.9 KB) a paper presented to the International Climate Change Conference Durham, UK, 22 June 2023
16 December 2022

Occasional Address (PDF, 133.5 KB) given by Justice Brian J Preston upon conferral of Doctor of Laws, 16 December 2022, at Faculty of School of Law and School of Social Sciences Graduation Ceremony, Western Sydney University, Sydney.
15 July 2022

'Changing how we view change: the artist's insight' (PDF, 1.3 MB), a paper presented to the IUCN Academy of Environmental Law 2022 Annual Colloquium, QUT, Brisbane.
31 March 2022 'Climate Conscious Lawyering and the Rule of Law', a presentation given to the Climate Change and Rule of Law Conference, University College London, United Kingdom, published as blogpost for UCL Centre for Law and Environment.
9 December 2021 'Trends in Human Rights-Based Climate Litigation'  (PDF, 417.8 KB)a paper presented to the 2021 Castan Centre for Human Rights Law and King & Wood Mallesons Annual Lecture, Monash University.
15 September 2021 'Changing Climate Law and Governance: A Multi-Level Perspective' (PDF, 614.7 KB), a paper presented to 'Challenges to a Sustainable Recovery: International Law, Climate Change and Public Health' Conference, Durham University.
7 September 2021 'Three states of mind needed to solve today's environmental crises', a presentation to the high-level roundtable judicial dialogue 'Judges and the Environment: Can Environmental Law Deliver?' at the IUCN World Conservation Congress in Marseille, France, published as blogpost for Pathway to the 2022 declaration and in (2022) Law Institute Journal 23.
16 January 2021 'The Proactive Responsiveness of Environmental Courts' (PDF, 205.4 KB) a presentation to the IV Forum on Environmental Justice, Santiago, Chile
1 September 2020 'Perish the thought' (PDF, 152.5 KB), welcome remarks on the Land and Environment Court's 40th anniversary, hosted by EPLA, published in (2020) 65 Environmental Law News 4.
27 February 2020 'Contemporary issues in Environmental Impact Assessment' (PDF, n/a) , a paper presented at the 'Are Climate Impacts Environmental Impacts? Climate Science in the EIA and Judicial Review' Seminar at the Faculty of Law, University of Helsinki, and published in (2020) 37 Environment and Planning Law Journal 423.
11 February 2020 ​'Climate Conscious Lawyering: Five Ways that Lawyers can Implement a Climate Conscious Approach in their Daily Legal Practice' (PDF, n/a), paper presented at Bentham House, Univeristy College London, England and published in (2021) 95 Australian Law Journal 51.
20 November 2019 ​'The End of Enlightened Environmental Law?' (PDF, n/a), paper presented at the Journal of Environmental Law Workshop 'Environmental Law and Populism', at Corpus Christi College, University of Oxford, England, published in (2019) 31(3) Journal of Environmental Law 399.
28 September 2019 'The Impact of the Paris Agreement on Climate Change Litigation and Law' (PDF, n/a) paper presented at the Dundee Climate Conference, 'Elements of a 'European', 'International', 'Global' Climate Consensus after Paris?', University of Dundee, Scotland. This paper has been amended and published as a two part article in (2021) 33(1) Journal of Environmental Law 1 and (2021) 33(2) Journal of Environmental Law 227 respectively.
1 November 2018 'The Evolving Role of Environmental Rights in Climate Change Litigation' (PDF, n/a), published in (2018) 2 Chinese Journal of Environmental Law 131.
25 September 2018 Occasional Address given by Justice Brian J Preston upon conferral of Doctor of Letters (PDF, 77.5 KB), 25 September 2018, at the Faculty of Arts Graduation Ceremony, Macquarie University, Sydney.
19 April 2018 'Using environmental rights to address climate change' (PDF, 406.7 KB) paper presented at the Law Council of Australia Future of Environmental Law Symposium, Law Society of NSW, Sydney.
21 March 2018 'The judicial contribution to water justice: The Australian experience (PDF, 571.2 KB) paper presented to the 8th World Water Forum, Brasilia, Brazil, published in (2018) 48 Environmental Law Reporter 10580. 
1 September 2017 '2017 Sir Frank Kitto Lecture: What's equity got to do with the environment?' (PDF, 362.6 KB), 1 September 2017, University of New England, Armidale, published in (2018) 92 Australian Law Journal 257 and (2018) 13 The Judicial Review 431.
1 September 2017 'Launch of the book by Amanda Kennedy, Environmental Justice and Land Use Conflict: The Governance of Mineral and Gas Resource Development (Routledge, 2017) (PDF, 170.3 KB), 1 September 2017, University of New England, Armidale, published in (2018) 36 Journal of Energy and Natural Resources Law 364.
29 August 2017 'The challenges of approaching judging from an Earth centred perspective' (PDF, 255.7 KB) an address and launch of the book by N Rogers and M Maloney (eds), Law as if Earth Really Mattered: The Wild Law Judgment Project (Routledge, 2017), 29 August 2017, Southern Cross University, Gold Coast, published in (2018) 35 Environmental and Planning Law Journal 218.
9 June 2017 "The Australian Experience on Environmental Law",  (PDF, 468.1 KB)paper presented by Justice Brian J Preston to the IUCN Academy of Environmental Law 15th Annual Colloquium, 2 June 2017, Shangri-La Mactan Resort, Cebu, Philippines, published in (2018) Environmental and Planning Law Journal 637.
11 April 2017 'The role of environmental courts and tribunals in promoting the rule of law and ensuring equal access to justice for all (PDF, 311.2 KB) a paper presented by Justice Preston to the International Symposium on Environmental Adjudication in the 21st Century, Auckland, New Zealand, published in (2017) 29 Environmental Law and Management Journal 72.
21 February 2017 'The Judicial Development of the Precautionary Principle' (PDF, 195.0 KB), keynote address delivered by Justice Brian J Preston to the Queensland Government Environmental Management of Firefighting Foam Policy Implementation Seminar, Brisbane, published in (2018) 35 Environmental and Planning Law Journal 123
22 November 2016 'Rethinking Climate Change and the Law' (PDF, 202.1 KB), keynote address delivered by Justice Brian J Preston at the launch of (2016) 39(4) UNSW Law Journal Thematic Issue: Rethinking Climate Change and the Law, 22 November 2016, King & Wood Mallesons, Sydney.
12 October 2016 Adapting to a Sustainable Energy Future: The Role of Planning and Environmental Law (PDF, 1.1 MB), paper presented by Justice Brian J Preston to the Australasian Conference of Planning and Environment Courts and Tribunals 2016, 11-14 October, Adelaide Convention Centre, Adelaide, published in two parts in (2017) 34 Environmental and Planning Law Journal 418 (Part 1) and (2018) 35 Environmental and Planning Law Journal 26 (Part 2).
22 June 2016 The Judicial Development of Ecologically Sustainable Development (PDF, 512.9 KB), paper presented by Justice Brian J Preston to the 'Environment in Court', IUCNAEL Colloquium 2016, 20-25 June, University of Oslo, Norway, published in Douglas Fisher (ed), Research Handbook on Fundamental Concepts of Environmental Law (Edward Elgar, 2016).
28 January 2016 Achieving Court Excellence: The need for a collaborative approach (PDF, 342.3 KB), paper presented by Justice Brian J Preston and Registrar Joanne Gray to the 'Judiciary of the Future', International Conference on Court Excellence, 28-29 January 2016, The Fullerton Hotel, Singapore, published in (2017) 8 International Consortium For Court Excellence Newsletter 4.
4 December 2015 Implementing a Climate Conscious Approach in Daily Legal Practice (PDF, 54.7 KB), paper presented by Justice Brian J Preston to the Australian & New Zealand Legal Ethics Colloquium Fifth Bi-Annual Meeting: Sustainable Legal Ethics, 3-4 December 2015, Monash University Law Chambers, Melbourne.
8 September 2015 Biodiversity Offsets: Adequacy and Efficacy in Theory and Practice (PDF, 277.0 KB), paper presented by Justice Brian J Preston to the 13th IUCN Academy of Environmental Law Colloquium, 7 – 12 September, Jakarta, Indonesia, published in (2016) 33 Environmental and Planning Law Journal 93.
28 May 2015 Economic Valuation of the Environment (PDF, 400.7 KB), paper presented by Justice Brian J Preston to the Land and Environment Court Annual Conference, 28 - 29 May 2015, Manly, published in (2015) 32 Environmental and Planning Law Journal 301.
11 December 2014 Speech by Justice Brian J Preston on the acceptance of the Award of Honorary Fellow of the Environment Institute of Australia and New Zealand (PDF, 59.3 KB), 11 December 2014, Museum of Sydney, Sydney.
28 November 2014 Climate justice and the role of an international environmental court (PDF, 388.0 KB), paper presented by Justice Brian J Preston to the DLA Piper Climate Change, Planning and the Law student workshop, 28 November 2014, University of Queensland, Brisbane, published in M Baker-Jones (ed), Climate Change Adaptation, Planning and the Law, DLA Piper, Brisbane, 2015, 26.
13 November 2014 Protected Areas in the Courts: An Overview (PDF, 500.2 KB) speech delivered by Justice Brian J Preston to 'The Judiciary and Protected Areas' event at IUCN World Parks Congress, 13 November 2014, Sydney, published in [2015] 11 Resource Management Theory and Practice 22.
12 November 2014 Writing Judgments 'Wildly' (PDF, 218.1 KB), speech delivered by Justice Brian J Preston to the Australian Earth Laws Alliance Wild Law Judgments Workshop, 12 November 2014, University of New South Wales, published in Nicole Rogers and Michelle Maloney (eds), 'Law as if Earth Really Mattered: The Wild Law Judgment Project' (Routledge, 2017).
24 October 2014 Specialised Court Procedures for Expert Evidence (PDF, 469.7 KB), plenary talk delivered by Justice Brian J Preston to Symposium on 'How to Utilise Expert Evidence in Court', 24 October 2014, Japan Federation of Bar Associations, Tokyo, Japan, published in (2016) The Hanreijiho No 2309, 40 (in Japanese).
22 October 2014 The Adequacy of the Law in Satisfying Society's Expectations for Major Projects (PDF, 523.9 KB), paper presented by Justice Brian J Preston to the International Bar Assocation Annual Conference, 22 October 2014, Tokyo, Japan, published in (2015) 32 Environmental and Planning Law Journal 182.
5 October 2014 Characteristics of Successful Environmental Courts and Tribunals (PDF, 332.3 KB), paper presented by Justice Brian J Preston to the 27th LAWASIA Conference, 3 - 6 October 2014, Bangkok, Thailand, published in (2014) 26(3) Journal of Environmental Law 365.
17 September 2014 Launch of Justine Bell, Climate Change and Coastal Development Law in Australia (PDF, 165.0 KB) (Federation Press, 2014), speech delivered by Justice Brian J Preston at the launch of Climate Change and Coastal Development Law in Australia, 17 September 2014, Brisbane, published as a book review in (2015) 32 Environmental and Planning Law Journal 294.
3 July 2014 Unconventional Natural Gas in the Courts: An Overview (PDF, 188.0 KB), paper presented by Justice Brian J Preston to the 12th IUCN Academy of Environmental Law Colloquium, 31 June - 5 July 2014, Tarragona, Spain, published in (2014) 32(4) Journal of Energy & Natural Resources Law 277.
29 May 2014 Update on Jurisdiction and Practice and Procedure (PDF, 276.1 KB), paper presented by Justice Brian J Preston to the Land and Environment Court Annual Conference, held on 29-30 May 2014 in Katoomba, Blue Mountains.
9 October 2013 Commentary on climate change justice and human rights - concepts for legal and institutional reforms (PDF, 105.8 KB), speech delivered by Justice Brian J Preston to the International Bar Association Annual Conference, 9 October 2013, Boston, USA.
17 September 2013 Unconventional natural gas in the courts: An overview (PDF, 369.5 KB), keynote address delivered by Justice Brian J Preston to the CleanUp 2013 Conference - 5th International Contaminated Site Remediation Conference, 17 September 2013, Melbourne.
5 August 2013 A précis of Justice Krishna Iyer's contribution to the environmental jurisprudence of the Supreme Court of India (PDF, 147.4 KB), paper presented by Justice Brian J Preston to contribute to a Festschrift celebrating the 99th birthday of Justice Krishna Iyer.
20 July 2013 Characteristics of successful environmental courts and tribunals (PDF, 359.7 KB), paper presented by Justice Brian J Preston to the Eco Forum Global Annual Conference Guiyang 2013: The 3rd Environmental Justice Seminar, 19-21 July 2013, Guiyang, Guizhou, China.
28 June 2013 The effectiveness of the law in providing access to environmental justice: an introduction (PDF, 316.0 KB), presented by Justice Brian J Preston to the 11th IUCN Academy of Environmental Law Colloquium, held on 28 June 2013 in Hamilton, New Zealand, abridged version in P Martin, S Z Bigdeli, T Daya-Winterbottom, W du Plessis and A Kennedy (eds), The Search for Environmental Justice, Edward Elgar, 2015.
30 March 2013 Environmental public interest litigation: conditions of success (PDF, 259.8 KB), paper presented by Justice Brian J Preston to the International Symposium "Towards an Effective Guarantee of the Green Access: Japan's Achievements and Critical Points from a Global Perspective", held on 30-31 March 2013 on Awaji Island in Japan. This paper is also a chapter of the book: K. Uga (ed), Towards an Effective Guarantee of the Green Access (Shinzansha, 2014).
30 August 2012 Injunctions in planning and environmental cases (PDF, 282.4 KB), speech delivered by Justice Brian J Preston to the Australasian Conference of Planning and Environment Courts and Tribunals, held on 30 August 2012 in Bunker Bay, Western Australia, published in (2012) 36 Australian Bar Review 84. 
2 August 2012 Language, learning and life: linked losses (PDF, 977.3 KB), keynote dinner speech delivered by Justice Brian J Preston to the Forum on Indigenous Knowledge and Biodiversity in India and Australia, held on 2 August 2012 in Sydney, published in (2014) 17 Asia Pacific Journal of Environmental Law 1. 
17 May 2012 Natural justice by the courts: some recent cases (PDF, 160.7 KB), speech delivered by Justice Brian J Preston to the Land and Environment Court Annual Conference, held on 17-18 May 2012 in Sydney, published in (2013) 11 The Judicial Review 193. 
30 April 2012 Adapting to the impacts of climate change: The limits and opportunities of law (PDF, 256.6 KB), speech delivered by Justice Brian J Preston to the Thought Leadership Seminar hosted by Institute for Sustainable Futures and University of Technology Sydney, held on 30 April 2012 in Sydney, published in (2013) 30 Environmental and Planning Law Journal 375.
21 October 2011 Senior Counsel: Recognition, Review, Requirements, Responsibilities and Renewal (PDF, 78.0 KB) a speech delivered by Justice Brian J Preston on the occasion of the 2011 new Senior Counsel announcing their appointment to the Land and Environment Court of NSW, published in (2011) 35 Australian Bar Review 185. 
13 October 2011 The enduring importance of the rule of law in times of change (PDF, 102.4 KB), the keynote address delivered by Justice Brian J Preston to the Environment and Planning Law Association (NSW) (EPLA) Annual Conference: 'The times they are a-changin', held on 13-14 October 2011 in Sydney, published in (2012) 86 Australian Law Journal 175 
6 October 2011 International Quality Framework in operation at the Land and Environment Court of New South Wales (PDF, 97.7 KB), paper presented by Justice Brian J Preston to the AIJA Australasian Court Administrators' Conference, Australian Courts: Serving Democracy and its Publics, held on 6-7 October 2011 in Sydney. 
16 September 2011 Internalising Ecocentrism in Environmental Law (PDF, 120.6 KB), paper presented by Justice Brian J Preston at the 3rd Wild Law Conference: Earth Jurisprudence - Building. Theory and Practice, held on 16-17 September 2011 at Griffith University, Queensland, published in M Maloney and P Burdon (eds), Wild Law - In Practice (Routledge, 2014).
11 August 2011 The Influence of Climate Change Litigation on Governments and the Private Sector (PDF, 153.8 KB), paper presented by Justice Brian J Preston at the University of Melbourne's workshop, "Beyond a Carbon Price: A Framework for Climate Regulation in Australia" held on 11-12 August 2011, Melbourne, published in (2011) 2(4) Climate Law 485.
28 May 2011 The Globalisation and Harmonisation of Environmental Law: An Australian Perspective (PDF, 606.9 KB), paper presented by Justice Brian J Preston to the International Environmental Law Symposium, Towards Rio+ 20: Contemporary Issues in International Environmental Law, 28 May 2011, Canberra, published in (2013) 16 Asia-Pacific Journal of Environmental Law 1.
22 March 2011 The Use of Restorative Justice for Environmental Crime (PDF, 169.5 KB), speech delivered by Justice Brian J Preston to the EPA Victoria Seminar on Restorative Environmental Justice, held on 22 March 2011 in Melbourne, published in (2011) 35 Criminal Law Journal 136. 
11 March 2011 Enforcement of Environmental and Planning Laws in New South Wales (PDF, 116.1 KB), paper presented by Justice Brian J Preston to the Law and Sustainability Symposium 2011, held on 11 March 2011 in Brisbane, published in (2011) 16 Local Government Law Journal 72. 
9 March 2011 The use of alternative dispute resolution in administrative disputes (PDF, 135.0 KB), paper presented by Justice Brian J Preston at the Symposium on Guarantee of the Right to Access to the Administrative Jurisdiction on the occasion of the 10th Anniversary of the Supreme Administrative Court of Thailand, held on 9 March 2011 in Bangkok, Thailand, published in (2011) 22 Australasian Dispute Resolution Journal 144. 
3 - 4 February 2011 Operating an environment court: The experience of the Land and Environment Court of New South Wales and 12 benefits of judicial specialisation in environmental law (PDF, 396.8 KB), the keynote address delivered by Justice Brian J Preston at Renewing Environmental Law: A Conference for Public Interest Environmental Law Practitioners, held on 3- 4 February 2011 in Vancouver, Canada.
11 - 14 November 2010 Climate change litigation: a conspectus (PDF, 337.0 KB), a paper presented by Justice Brian J Preston to the LAWASIA 23rd Conference, held on 11-14 November 2010 in New Delhi, India, part 1 published in (2011) 5(1) Carbon and Climate Law Review 3 and part 2 published in (2011) 5(2) Carbon and Climate Law Review 244. 
5 October 2010 Implementing the International Framework for Court Excellence: The experience of the Land and Environment Court of New South Wales (PDF, 120.9 KB) speech delivered by Justice Brian J Preston at the Asia-Pacific Courts Conference 2010, Singapore. 
1 September 2010 Welcome Remarks for the dinner for the 30th anniversary of the Land and Environment Court of NSW (PDF, 21.6 KB), delivered by Justice Brian J Preston at Parliament House, Sydney.
1 September 2010 Welcome Remarks (PDF, 21.6 KB) delivered by Justice Brian J Preston at the opening session of the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) 2010, Sydney. 
26 August 2010 "Commentary on paper by Dr M Groves, 'Federal constitutional influences on State judicial review'" (PDF, 25.9 KB) speech delivered by Justice Brian J Preston to the Australian Association of Constitutional Law (AACL) Seminar, Sydney. 
4 April 2010 Global Warming, the Environment and Litigation: A Commentary (PDF, 20.4 KB), speech delivered by Justice Brian J Preston at the International Council of Advocates and Barristers, Fifth World Bar Conference, held between 1-4 April 2010 in Sydney. 
23 December 2009 Water and Ecologically Sustainable Development in the Courts (PDF, 106.7 KB), a paper presented by Justice Brian J Preston at the University of South Australia, Australian Sustainability Laws and Water Management: The Future Symposium, published in (2009) 6 Macquarie Journal of International Comparative Environmental Law 129.
10 December 2009 Jurisprudence on ecologically sustainable development: Paul Stein's Contribution (PDF, 75.9 KB), a paper prsented by Justice Brian J Preston at the Symposium in honour of Paul Stein AM, December 10 2009, Westin Hotel, Sydney, published in (2012) 29 Environmental and Planning Law Journal 3. 
2 October 2009 Leadership by the Courts in Achieving Sustainability (PDF, 167.8 KB), a paper presented by Justice Brian J Preston at the Resource Management Law Association of New Zealand Conference "Capital Leadership - In the National Interest?", held between 1-3 October 2009 in Wellington, New Zealand, published in (2010) 27 Environmental and Planning Law Journal 321; (2010) 6 Resource Management Theory and Practice 17.
20 August 2009 Climate Change Litigation in the Land and Environment Court of New South Wales and Other Courts (PDF, 259.6 KB), a paper presented by Justice Brian J Preston at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) in Christchurch, New Zealand.
7 April 2009 Sustainable Development in the Courts: The Polluter Pays Principle (PDF, 74.9 KB), a paper presented by Justice Brian J Preston to the 16th Commonwealth Law Conference in Hong Kong, published in (2009) 26 Environmental and Planning Law Journal 257. 
8 February 2009 A judge's perspective on using sentencing databases (PDF, 75.0 KB), a paper presented by Justice Brian J Preston to "Judicial Reasoning: Art or Science?" Conference, published in (2010) 9(4) The Judicial Review 421, republished in (2010) 3 Journal of Court Innovation 247. 
30 October 2008 The Art of Judging Environmental Disputes (PDF, 229.2 KB), published in (2008) 12 Southern Cross University Law Review 103. 
17 October 2008 Water and Ecologically Sustainable Development in the Courts (PDF, 84.2 KB), a paper presented by Justice Brian J Preston at the University of South Australia, Australian Sustainability Laws and Water Management: The Future Symposium. 
11 October 2008 Climate Change Litigation (PDF, 151.9 KB), a paper presented by Justice Brian J Preston to the Judicial Conference of Australia Colloquium, published in (2009) 9(2) The Judicial Review 205, republished in (2009) 26 Environmental and Planning Law Journal 169. 
28 July 2008 Operating an environment court: the experience of the Land and Environment Court of New South Wales (PDF, 124.5 KB), a paper presented by Justice Brian J Preston to the Environmental Commission of Trinidad and Tobago Inaugural Distinguished Lecture on Environmental Law, published in (2008) 25 EPLJ 385. 
26 June 2008 Consultation: One aspect of procedural propriety in administrative decision-making (PDF, 39.3 KB), paper presented by Justice Brian J Preston to the Australian Institute of Administrative Law 2008 Seminar Series "Administrative Law: Musings from the Bench", published in (2008) 15 AJ Admin L 185. 
20 June 2008 The role of courts in relation to adaptation to climate change (PDF, 148.8 KB), paper presented by Justice Brian J Preston to the ANU and Centre for Climate Law and Policy and Griffith University Socio-Legal Research Centre "Adapting to Climate Change: Law and Policy" Conference, published in Tim Bonyhady, Jan McDonald and Andrew Macintosh (eds), Adapting to Climate Change: Australian Law and Policy (Federation Press, 2010). 
30 April 2008 The establishment of an environmental crime sentencing database in New South Wales (PDF, 942.4 KB), published in (2008) 32 Crim LJ 214 and also as Judicial Commission of New South Wales Monograph No 32, June 2008. 
28 February 2008 Ecologically Sustainable Development In the Context of Contaminated Land (PDF, 116.0 KB), a paper presented by Justice Brian J Preston to the Australian Land and Groundwater Association 1st Annual Conference, 28 February 2008, Gold Coast, published in (2008) 25 EPLJ 164. 
15 November 2007 The Land and Environment Court of NSW: Moving Towards a Multi-Door Courthouse (PDF, 95.7 KB), keynote address delivered by Justice Brian J Preston to the LEADR NSW Chapter Annual Dinner, 15 November 2007, Union, University and Schools Club of Sydney, Sydney ,published in (2008) 19 ADRJ 72 (Part I) and (2008) 19 ADRJ 144 (Part II). 
26 September 2007 The Environment and its Influence on the Law (PDF, 119.0 KB), keynote address delivered by Justice Brian J Preston to the Legal Aid New South Wales Civil Law Conference, 26 September 2007, Mercure Hotel, Sydney, published in (2008) 82 ALJ 180. 
22 August 2007 Administrative Law in an Environmental Context: An Update (PDF, 93.8 KB) a paper presented by Justice Brian J Preston to the New South Wales Bar Association Administrative Law Section Annual Dinner, 22 August 2007, Law Society Dining Room, Sydney, published in (2007) 15 AJ Admin L 11. 
03 August 2007 Conciliation in the Land and Environment Court of NSW: History, Nature and Benefits (PDF, 89.3 KB), a paper presented by Justice Brian J Preston to the ACDC Training Program, 3 August, Intercontinental Hotel, Sydney, published in (2007) 13 LGLJ 110. 
16 March 2007 Environmental Law 1927- 2007: Retrospect and Prospect (PDF, 115.3 KB), a paper presented by Justice Brian J Preston to the 'Past, Present and Future Perspectives on the Law' Judges' Review Conference 2007, 16 March 2007, The Westin, Sydney, published in (2007) 81 ALJ 616. 
5 March 2007 Speech at the launch of Energy Law and the Environment (PDF, 49.0 KB), Rosemary Lyster and Adrian Bradbook (eds), 5 March 2007, University of Sydney Law School, Sydney, published in (2006) 9 APJEL 355.
08 February 2007 Practice and Procedure in the Land and Environment Court of New South Wales (PDF, 114.4 KB), a paper presented by Justice Brian J Preston to the Planning and Development and Environmental Law Conference, 8-9 February 2007, Grace Hotel, Sydney.
23 November 2006 Principles of Ecologically Sustainable Development (PDF, 27.8 KB), a presentation by Justice Brian J Preston to the National Trust of Australia (NSW) Corporate Breakfast, 23 November 2006, Sydney.
16 October 2006 Principled Sentencing for Environmental Offences (PDF, 64.9 KB), a paper presented by Justice Brian J Preston to the Environmental Defenders' Office Annual Conference, 26 May 2006, Darlington Centre, Sydney, published in (2007) 31 Crim LJ 91 (Part I) and (2007) 31 Crim LJ 142 (Part II). 
28 August 2006 Ecologically Sustainable Development in the Courts in Australia and Asia (PDF, 178.5 KB), a paper presented by Justice Brian J Preston to a seminar one environmental law organised by Buddle Findlay Lawyers, 28 August 2006, Wellington 
21 July 2006 Judicial Implementation of the Principles of Ecologically Sustainable Development in Australia and Asia (PDF, 171.6 KB), a paper presented by Justice Brian J Preston to the Law Society of New South Wales Regional Presidents Meeting, 21 July 2006, Sydney 
15 July 2006 Speech at the launch of the Northern Rivers Office of the Environmental Defender's Office (PDF, 24.1 KB), 15 July 2006, Northern Rivers Office of the Environmental Defender's Office 
16 June 2006 Speech at the launch of Heritage Law in Australia by Ben Boer and Graeme Wiffen (PDF, 17.6 KB), 16 June 2006, University of Sydney, Sydney 
14 June 2006 Ongoing Reforms of Practice and Procedure (PDF, 77.5 KB), a paper presented by Justice Brian J Preston to the Australian Environmental Business Network Annual Conference, 14 June 2006, Sydney 
26 May 2006 Principled Sentencing for Environmental Offences (PDF, 248.3 KB) a paper presented to the 'Compliance and Enforcement: Toward More Effective Implementation of Environmental Law' 4th International IUCN Academy of Environmental Law Colloquium, 16-20 October 2006, White Plains, New York 
26 April 2006 Address by Justice Brian J Preston at the Macquarie University Division of Law (PDF, 13.5 KB), 7th Annual Prizegiving Ceremony for Students in the Division of Law, 26 April 2006, Macquarie University, Sydney 
17 April 2006 The Role of the Judiciary in Promoting Sustainable Development: The Experience of Asia and the Pacific (PDF, 414.7 KB), a paper presented by Justice Brian J Preston to the second Kenya National Judicial Colloquium on Environmental Law, 17-22 April 2006, Mombasa, Kenya, published in (2005) 9 APJEL 109. 
11 April 2006 Standing to Sue at Common Law in Australia (PDF, 131.5 KB), a paper presented by Justice Brian J Preston to the Joint Seminar on Legality of Administrative Behaviours and Types of Adjudication, 11-13 April 2006, Xian, China
11 April 2006 Judicial Review of Illegality and Irrationality of Administrative Decisions in Australia (PDF, 99.1 KB), a paper presented by Justice Brian J Preston to the Joint Seminar on Legality of Administrative Behaviours and Types of Adjudication, 11-13 April 2006, Xian, China, published in (2006) 28 Aust Bar Rev 17. 
21 March 2006 Appointment of Court Appointed Expert Witnesses in the Land and Environment Court (PDF, 18.8 KB), address by Justice Brian J Preston to the Urban Development Institute of Australia Legal Luncheon, 21 March 2006, Sofitel Wentworth Hotel, Sydney
10 January 2006 The Role of the Judiciary in Promoting Sustainable Development: The Experience of Asia and the Pacific (PDF, 395.1 KB), a paper presented by Justice Brian J Preston to the Kenya National Judicial Colloquium on Environmental Law, 10-13 January 2006, Mombasa, Kenya 
14 November 2005 Address on the Occasion of the Swearing In of the Honourable Justice Preston as Chief Judge of the Land and Environment Court of New South Wales (PDF, 45.6 KB), 14 November 2005, Banco Court, Supreme Court of New South Wales 

Current Judges

Justice Pain

Date Speech

3 May 2023

The right to a clean, healthy and sustainable environment in practice (PDF, 254.5 KB), a presentation at the Council of Europe High-level conference held in Strasbourg on 3 May 2023.

11 April 2023

Reflections on a National EPA (PDF, 340.4 KB), keynote presentation Australian Centre for Climate and Environmental Law 2023, Environmental Law Year in Review, University of Sydney Law School, 14 February 2023.

1 October 2022

Climate Change Litigation in the Asia-Pacific (PDF, 252.4 KB), introductory presentation given for panel session "Climate conscious lawyering: Fighting for environmental justice in the Asia-Pacific" for Asian Australian Lawyers Association National Cultural Diversity Summit, October 2022.

18 July 2019

Adminstering Water Policy in the Eastern States of Australia - Administrative and Other Challenges (PDF, 254.9 KB), a paper presented at the AIAL National Administrative Law Conference - People, Parliament and the Public Interest, Canberra, ACT, 18 - 19 July 2019.

23 March 2019

Recent Developments in Climate Change Litigation in Australia and Beyond (PDF, 180.7 KB), a paper presented at the Law Society of NSW, Young Lawyers Environment Committee annual conference.

7 March 2019

"Current Environmental challenges in the Land and Environment Court: focus on coastal planning and development and inland water resources" (PDF, 457.8 KB), a paper presented at the University of New South Wales Planning and Environment Seminar on 7 March 2019.

6 December 2018

"Climate change and sea level rise - issues in domestic litigation" (PDF, n/a), paper presented at an International Law Association Sydney function on 6 December 2018.

18 September 2018

Update on Climate Change Litigation - A New South Wales Perspective (PDF, 416.3 KB), a paper presented at the Environmental Defender's Office Queensland Climate Law Update, Banco Court Supreme Court of Queensland, 18 September 2018.

23 March 2018

"Air pollution – The challenge for the courts (PDF, 140.9 KB)" a paper presented at the Law Society of NSW Annual One Day Intensive: Environment & Planning Law, Sydney.

16 May 2017

Air pollution - challenges for courts (PDF, 63.9 KB), a paper presented at the World Conference on Environment 2017. National Green Tribunal, New Delhi, India, 24-25 March 2017.

22 June 2016

Restorative Justice for Environmental Crime: An Antipodean Experience (PDF, 113.0 KB), paper presented to the IUCNAEL Colloquium 2016, Oslo, Norway, 22 June 2016

7 December 2015

Aboriginal Traditional Hunting Rights (PDF, 179.7 KB), a paper presented at the 13th Annual Colloquium of the IUCN Academy of Environmental Law in Jakarta, Indonesia. [PDF, 185kb]

5 November 2015

Inaugural Address (PDF, 39.9 KB), a speech delivered by Justice Pain at the inaugural Professional Environmental Women's Association meeting on 5 November 2015.

30 June 2014

Human rights and environmental rights: A role for domestic courts? - an Australian perspective (PDF, 76.2 KB)

7 March 2014

ACPECT 2014 Protective Costs (PDF, 410.5 KB)

27 February 2004

The Challenges Posed to State & Territory Planning Courts and Tribunals by the Federal Telecommunications Regime (PDF, 74.7 KB). 

24 October 2003

The Rise of Environmental Law in NSW and Federally (PDF, 114.5 KB). 

Justice Pepper

Date Speech

15 May 2023

Legislative Chickens or Litigation Eggs: Which Comes First in the Fight Against Climate Change? (PDF, 198.9 KB)

30 November 2022

Environment and Planning Law in the Age of Statutes (PDF, 283.6 KB) published in (2022) 29 AJ Admin L 99.

21 October 2021

Kerr Report Symposium - Introduction to Keynote Address by the Honourable Justice John Griffiths (PDF, 169.5 KB), 21 October 2021.

10 August 2021

Mahla Pearlman Oration 2021 - 10th Anniversary Introductory Remarks (PDF, 123.9 KB).

27 March 2021

"Automation of Decision-Making in Environmental and Planning Law: A Brief History of Artificial Intelligence and Automated Decision Making" (PDF, 122.0 KB), opening remarks at the AIAL (NSW) and EPLA joint webinar, Automation of Decision Making Within Environmental and Planning Law, Sydney, 27 May 2021.

16 March 2021

"Turning a Ripple into a Torrent: Riding the Waves of Climate Change Litigation" (PDF, 288.8 KB), paper presented at Clayton Utz seminar, Climate Change Litigation, Sydney, 16 March 2021.

19 November 2020

​Diverse Women in Law (PDF, 171.1 KB), keynote address delivered at the AGM, 19 November 2020.

24 September 2020

Linear​ Exhibition - Speaking notes (PDF, 191.3 KB), guided tour of the Linear Exhibition, at the Museum of Applied Arts and Social Sciences, Sydney, 24 September 2020.

19 November 2019

"Making the Environment Alright: Human Rights, Constitutional Rights, and Environmental Rights" (PDF, n/a), Keynote Address, launch of (2019) 42(4) UNSWLJ, King & Wood Mallesons Sydney, 19 November 2019.
Justice Rachel Peper and Harry Hobbs, published (2020) 44(2) Melbourne University Law Review 634.

6 September 2019

Making Sure That Curiosity Does Not Kill the CAT: the Use of Expert Evidence in Merits Review Fora Where the Rules of Evidence Do Not Apply (PDF, 403.3 KB), paper delivered at the 2019 COAT NSW Conference, Sydney, 6 September 2019.
Justice Rachel Pepper and Amelia van Ewijk, published in (2019) 97 Australian Institute of Administrative Law Forum 37.

3 June 2019

Legal Costs Considerations in Public Interest Climate Change Litigation (PDF, 195.7 KB), forthcoming article in Kings College Law Journal.

29 April 2019

Mentoring in the Law - Because "That Sh*t Doesn't Really Work" (PDF, 227.5 KB), keynote address, Herbert Smith Freehills, UNSW Wom*n's mentoring program.

3 November 2018

Judicial Review is Dead! Long Live Judicial Review! (PDF, 366.2 KB) Paper delivered at the 2018 ANU Public Law Weekend, ANU College of Law, Canberra, 3 November 2018.

18 and 25 September 2018

Introduction to the Aboriginal Land Rights Act 1983 in New South Wales (PDF, 203.3 KB), Introductory Remarks presented to the Ngara Yura Committee Seminar, Sydney, 18 and 25 September 2018.

1 November 2017

'Sir Maurice Byers Centenary Conference, closing remarks (PDF, 79.7 KB)', paper presented to the NSW Bar Association conference, Sydney, 1 November 2017.

20 July 2017

Ms Onus and Mr Neal Agitators in an age of 'Green Lawfare' (PDF, 129.6 KB), paper presented to the 2017 AIAL National Administrative Law Conference, Canberra, 20 July 2017.
Justice Rachel Pepper and Rachael Chick, published in (2018) 35 EPJL 177.

12 November 2016

Climate Change Litigation: A Comparison Between Current Australian and International Jurisprudence (PDF, 82.9 KB), paper presented to the Sixth ASEAN Chief Justices' Roundtable on Environment, Manila, Philippines 12 November 2016.

12 November 2016

The Role of Judicial Networking and Information Sharing in Promoting and Implementing Environmental Law (PDF, 59.4 KB), paper presented to the SixthASEAN Chief Justices’ Roundtable on Environment, Manila, Philippines, 12 November 2016.

24 October 2016

'Celebrating 100 Years of the Commonwealth Solicitor-General' (PDF, 38.4 KB), closing remarks presented at Banco Court, Sydney

22 June 2016

Restorative Justice for Environmental Crime: An Antipodean Experience (PDF, 105.8 KB), paper presented to the IUCNAEL Colloquium 2016, Oslo, Norway, 22 June 2016

22 June 2016

Are Courts Colour Blind to Country? Indigenous Cultural Heritage, Environmental Law and the Australian Judicial System (PDF, 96.7 KB), paper presented to the IUCNAEL Colloquium 2016, Oslo, Norway, 22 June 2016.
Lauren Butterly and The Hon Justice Rachel Pepper, published in (2017) 40(4) UNSW Law Journal 1313.

23 March 2016

Opening remarks to the UNSW Planning Law Update (PDF, 88.1 KB) 2016, Sydney, 23 March 2016

10 March 2016

Mahla Pearlman Oration 2016 Chair Remarks (PDF, 38.0 KB), Sydney, 10 March 2016

5 March 2016

How to Lead a Successful Life of Crime in the Land and Environment Court of New South Wales (PDF, 198.4 KB): An (Updated) Guide to Criminal Prosecutions in the Court, presented at the Toongabbie Legal Centre

14 November 2015

How to Lead a Successful Life of Crime in the Land and Environment Court of New South Wales (PDF, 185.3 KB): A Guide to Criminal Prosecutions in the Court, presented at the Salvos Legal Series, Sydney 14 November 2015

13 November 2015

Opening remarks to the Morning Session of the 2015 NELA Conference (PDF, 50.1 KB), Sydney, 13 November 2015

14 May 2015

Hottubbing in Australia: the Use of Concurrent Expert Evidence (PDF, 660.0 KB), Paper presented by Justice Rachel Pepper to the Alaskan Bar Convention, Fairbanks, Alaska, published in (2016) 171 Australian Construction Law Newsletter (November/December 2016) 10.

19 March 2015

A Basic Guide to Good Written and Oral Advocacy (PDF, 38.8 KB), Presentation given to Australian National University, College of Law, Masters of Criminal Practice, 19 March 2015

19 February 2015

Recent Developments in Planning and Environment Law (PDF, 272.3 KB), Paper presented to UNSW CLE/CPD Seminar on 19 February 2015

14 December 2014

An Introduction to Environmental Damages in Australia (DOC, 82.5 KB), opening remarks delivered to ASEAN Chief Judges’ Roundtable on Environment on 14 December 2014, Hanoi, Vietnam

2 April 2014

'It's the Statute, Stupid': The Centrality of Statutory Interpretation in Judicial Review (PDF, 116.1 KB) - notes of lecture given to Advanced Administrative Law, UNSW, 2 April 2014.

5 March 2014

Not Plants or Animals: the Protection of Indigenous Cultural Heritage in Australia (PDF, 174.5 KB), paper presented at the Australasian Conference of Planning and Environment Courts and Tribunals, Hobart, 5 March 2014

18 December 2013

Australian National University, College of Law Conferral of Awards Ceremony (PDF, 44.3 KB), 18 December 2013, Canberra, ACT

20 November 2013

Briginshaw in Land and Environment Court Proceedings - Introductory Observations from the Judicial Perspective (PDF, 33.6 KB) - introductory remarks presented to Twilight Seminar, 20 November 2013, Judicial Commission of New South Wales

21 March 2012

Expert Evidence in the Land and Environment Court (PDF, 209.4 KB) - seminar presented to the Australian Property Institute, Sydney, 21 March 2012 published in (2013) Australian Construction Law Newsletter, #149 March/April 2013. 

9 December 2012

Foreword, The NSW Young Lawyers Environmental and Planning Law Committee Environment and Planning Law Careers Guide 2012 (PDF, 23.1 KB)

9 November 2012

Speech on the occasion of the 2012 new Senior Counsel announcing their appointment to the Hon Justice Pepper (PDF, 16.1 KB)

30 August 2012

Recent Developments in Sentencing for Environmental Offences (PDF, 105.3 KB) - paper presented at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT), Perth, 28 August - 2 September 2012. 

7 June 2012

A Celebration of World Oceans Day - An Australian Perspective (PDF, 18.5 KB) - introductory remarks given to the National Environmental Law Association and the NSW Young Lawyers Environment and Planning Law Committee’s seminar, A celebration of World Oceans Day: An Australian perspective, on 7 June 2012.

24 February 2011

The Constitutionalisation of Water Rights (PDF, 115.9 KB) -paper presented to the Australian Association of Constitutional Law and the 2011 Gilbert + Tobin Constitutional Law Conference. 

29 September 2010

The Contribution of Women to Environmental Law in Australia (PDF, 193.8 KB) - talk given to the Women Lawyers Association, Environmental Law Networking Forum.

9 June 2010

 Class 5 Hearings from the perspective of the Land and Environment Court of New South Wales (PDF, 23.4 KB) - paper presented to the NSW Young Lawyers CLE Seminar Series 2010

27 November 2009

Back to the future: Qarase v Bainimarama (PDF, 96.1 KB) - paper presented by Justice Pepper at the International and Comparative Perspectives on Constitutional Law Conference 2009

14 September 2009

All I Ever Learned About Being a Good Barrister I Learned From Being a Judge: Good Oral Advocacy (PDF, 40.0 KB) - paper presented to the NSW Bar Practice Course. 

1 May 2009

Address on the occasion of the swearing in of the Hon Justice Pepper (PDF, 47.4 KB)

Justice Moore

Date Speech

2 February 2016

Address on the occasion of the swearing in of the Honourable Justice Moore (DOCX, 53.5 KB).

April 2014

Paper on Assisting self-represented litigants (PDF, 836.7 KB) – particularly for cases with on-site hearings or on-site conciliation conferences – in the NSW Land and Environment Court given at the AIJA conference on 17 April

October 2013

Paper on The future of planning principles in the Court (PDF, 1.0 MB) given at the EPLA Conference on 18 October.

April 2011

PowerPoint presentation to the joint Department of Planning and the Land and Environment Court information sessions on the new mandatory conciliation-hearing process for residential development appeals and on the new internal review of Council decisions (PDF, 995.6 KB). 

24 March 2011

Seminar paper by Moore SC entitled MANAGING THE DA PROCESS FROM GO TO WHOA (PDF, 1.1 MB) presented to NEERG Seminar on 24 March 2011. 

23 October 2010

Contrasting conciliation v mediation in the Land and Environment Court (PDF, 58.4 KB), a paper presented at the EPLA Conference. 

15 September 2010

What the Court expects of conditions of consent (PDF, 131.7 KB), a paper presented to a NEERG Seminar. 

4 November 2009

Changes in the processes and procedures for civil dispute resolution by the Land and Environment Court (PDF, 568.4 KB), a paper presented to a NEERG Seminar. 

21 May 2009

The Relevance of the Court’s Planning Principles to the DA Process (PDF, 115.0 KB), a paper presented to a NEERG Seminar.

Justice Robson

Date Speech
5 July 2016 Address on the occassion of the Swearing In of the Honourable Justice Robson (PDF, 67.8 KB). 

Justice Duggan

Date Speech
10 September 2019 Address on the occassion of the Swearing In of the Honourable Justice Duggan (PDF, n/a).

Justice Pritchard

Date Speech
15 November 2022 Address on the occasion of the Swearing In of the Honourable Justice Pritchard (PDF, 123.9 KB).

Past Judges

Justice Sheahan

Date Speech
25 November 2011 A response by Justice Terry Sheahan AO to the Symposium, 'The Future of Environmental Law' organised by the Law Council of Australia (PDF , 11.5 KB) to mark the contributions of Ben Boer, Rob Fowler and Mahla Pearlman AO in the field of environmental and planning law, accepting on behalf of Mahla Pearlman AO. 
3 September 2010 Use of ADR in New South Wales and in the Land and Environment Court (PDF , 38.1 KB), a speech delivered at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) 2010, Sydney. 
19 March 2002 Business, the Environment and Ethics - Sustainable Profit v Sustainable Planet (PDF , 40.6 KB). 
24 March 2000 The Role and Operation of the Land and Environment Court (PDF , 50.5 KB). 

Justice Craig

Date Speech
29 August 2012 Expert Evidence in the Land and Environment Court of NSW: A Synopsis (PDF , 83.0 KB), a paper presented at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT), Perth, 28 August - 2 September 2012. 
7 April 2011 Overview of the Appeal Process (PDF , 130.7 KB), paper presented to the NEERG Seminar on 7 April 2011. 
2 March 2010 Address on the occasion of the Swearing In of the Honourable Justice Craig (PDF , 39.5 KB). 

Justice Biscoe

Date Speech
14 November 2014 Developments in compensation for compulsory acquisition (PDF , 96.9 KB), a paper presented by Justice Peter Biscoe at EPLA, 14 November 2014. [Annexures (PDF , 1018.3 KB)]
5 March 2014 Planning and Environmental Law (PDF , 34.0 KB), a paper that Justice Biscoe presented at the UNSW Faculty of Law CLE seminar on 5 March 2014. 
30 April 2013 The New Judicial Review Rules 2013 (PDF , 23.2 KB) a paper that Justice Biscoe presented at a seminar in Sydney to the Environment and Planning Law Association NSW on 30 April 2013.
18 April 2013 How can valuers provide reports that meet the needs of the Court in compulsory acquisition compensation cases? (PDF , 2.8 MB) a paper presented by Justice Peter Biscoe at the "Drafting Just Terms Compensation Reports" workshop at the Australian Property Institute on Thursday 18 April 2013. 
26 October 2011 Transnational Freezing Orders (PDF , 213.5 KB), a paper delivered by Justice Peter Biscoe at Magdalen College, Oxford on 15 July 2011. (26 October 2011)
2 September 2010 "Land and Environment Court of NSW: Jurisdiction, structure and civil practice and procedure" (PDF , 209.3 KB) a paper presented at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) 2010, Sydney. 
10 September 2009 "Climate Change, Stormwater and the Law" (PDF , 39.7 KB) a paper presented by Justice Peter Biscoe to a seminar on "Adapt Mitigate or Perish: The Effects of Climate Change on Stormwater Management" by the Stormwater Industry Association NSW. 
3 September 2009 Scientific Experts in the Land and Environment Court (PDF , 1.7 MB). 
21 August 2009 Land and Environment Court of New South Wales: Practice and Procedure (PDF , n/a). 
5 August 2009 New Environmental Laws Conference – State of Play (PDF , 87.7 KB), a paper presented by Justice Peter Biscoe to the Australian Environment Business Network’s. 
30 July 2009 The New Cross Vesting Provisions and Mining Jurisdiction of the Land and Environment Court (PDF , 53.4 KB). 
26 May 2009 Climate Change Litigation (PDF , 59.4 KB), a paper presented by Justice Peter Biscoe at the NSW Young Lawyers CLE Seminar. 
15 April 2009 Ecologically Sustainable Development: Legal Principles (PDF , 224.0 KB), a paper presented by Justice Peter Biscoe to the postgraduate course in Environmental Law and Policy conducted by the Institute of Environmental Studies at the University of New South Wales.
19 March 2009 A Paper on "Practice and Procedure" (PDF , n/a) by Justice Peter Biscoe for a visiting delegation of the Thai Judiciary. 
04 Dec 2008 Emissions Trading Law (PDF , 126.5 KB). 
21 Nov 2008 Global Warming, Climate Change and the Courts (PDF , 27.5 KB). 
18 Oct 2008 Paper entitled "JIRS for Dummies" (PDF , 17.9 KB) and Powerpoint Presentation given by Justice Biscoe at the EPLA Annual Conference. 
13 Oct 2008 Land and Environment Court Practice Directions - How they Relate to Compensation Cases (PDF , 209.2 KB). 
15 May 2008 Court Practice and Procedure for Experts (PDF , 79.3 KB).
13 May 2008 The Land and Environment Court Rules 2007 (PDF , 50.4 KB).
02 June 2007

Ecologically Sustainable Development in New South Wales (PDF , 224.0 KB).

Appendices (PDF , 387.6 KB)
16 September 2006 Expert Witnesses: Recent Developments in NSW (PDF , 41.9 KB). 
13 March 2006 Address On The Occasion Of The Swearing In Of The Honourable Justice Biscoe (PDF , 37.7 KB). 

Justice Lloyd

Date Speech
14 July 2002 An Environmental Lawyer Looks at the Lords' Prayer (PDF , 30.8 KB). 
11 February 2000 The Preparation and Presentation of Expert Evidence (PDF , 24.7 KB). 
16 May 2000 Address To The Federal Court Judicial Training Program (PDF , 32.1 KB). 
07 November 1998 Judicial Accountability (PDF , 40.2 KB). 
06 March 1998 Dispute Management in Local Government (PDF , 18.5 KB).
26 November 1997 Important 1997 Decisions of the LEC (PDF , 58.5 KB). 
15 November 1997 A Judge's Perspective (PDF , 44.0 KB). 
06 February 1997 Address On The Occasion Of The Swearing In Of The Honourable Mr Justice Lloyd (PDF , 18.1 KB). 

Justice Jagot

Date Speech
06 March 2008 Paper: Launch of NSW Chapter – Planning Law Chapter, "Bridging the Gap – Planning and the Law" (PDF , 47.2 KB) to the Planning Institute of Australia. 
01 February 2006 Address On The Occasion Of The Swearing In Of The Honourable Justice Jagot (PDF , 14.6 KB). 

Justice Talbot

Date Speech
05 December 2003 N.E.E.R.G. Seminar Presentation (PDF , 42.1 KB). 
29 November 2003 Pre-Hearing Procedures in the Land and Environment Court (PDF , 21.4 KB). 
08 August 2003 Expert Witness Forum (PDF , 124.6 KB). 

Justice Bignold

Date Speech
13 March 2007 Address On The Occasion Of The Swearing Out Of The Honourable Justice Bignold (PDF , 77.9 KB). 
15 May 2002 Practice and Procedure at the Land and Environment Court (PDF , 24.3 KB). 
28 February 2001 Overview of Court - constitution, jurisdiction and procedures (PDF , 23.1 KB). 
09 September 2000 The Land and Environment Court: It's Contribution to Australia's Development of Environmental Law (PDF , 48.6 KB).

Justice Cowdroy

Date Speech
01 August 1999 Address On The Occasion Of The Swearing In Of The Honourable Justice Cowdroy (PDF , 30.0 KB). 

Past Chief Judges

Justice McClellan

Date Speech
11 September 2005 Access to Justice in Environmental Law - An Australian Perspective (PDF , 136.7 KB). 
03 September 2005 Judicial conduct: still a live issue (PDF , 29.0 KB), some thoughts on the paper by Professor Peter A Sallman.
01 September 2005 Address On The Occasion Of The Farewell Ceremony for The Honourable Justice McClellan, Chief Judge (PDF , 22.6 KB). 
13 July 2005 Environmental Issues - how should we resolve disputes? (PDF , 52.4 KB)
13 May 2005 The Executive and the Judiciary - a potential for conflict (PDF , 35.0 KB). 
20 March 2005 Expert Witnesses - The experience of the Land and Environment Court of NSW (PDF , 43.8 KB).
24 February 2005 Key Note Address: Expert Evidence - the experience of the Land and Environment Court of NSW (PDF , 48.3 KB). 
18 September 2004 The Value of Civil Claims - How should courts and tribunals allocate resources? (PDF , 48.0 KB). 
07 September 2004 Problems with Evidence (PDF , 30.8 KB).
27 July 2004 Recent Changes & Reforms at the Land and Environment Court of NSW (PDF , 39.7 KB). 
10 June 2004 Amendments to the Court Rules and Practice Directions (PDF , 38.6 KB). 
14 May 2004 Merit Appeals - Future Directions (PDF , 28.8 KB). 
12 March 2004 Future Directions for Property Law (PDF , 42.5 KB).
28 November 2003 The Land and Environment Court - Achieving the Best Outcome for the Community (PDF , 37.3 KB). 
25 August 2003 Address On The Occasion Of The Swearing In Of The Honourable Justice McClellan as Chief Judge (PDF , 41.2 KB). 

Justice Pearlman

Date Speech
05 September 2002 The dilemma presented by the self-represented party in merit hearings (PDF , 82.7 KB). 
09 April 2002 Managing environmental impacts - the role of the Land and Environment Court in NSW (PDF , 37.6 KB). 
14 November 2001 What's happening now? (PDF , 35.4 KB)
05 October 2000 Celebration of 20 years of the Land and Environment Court (PDF , 47.7 KB). 
05 September 2000 Address to The National Trust (PDF , 27.1 KB).

Commissioners

Commissioner Brown

Date Speech
18 October 2008 Paper on Court Panel - The Keys to the Effective Pre-Trial and Hearing Preparation and Presentation of Merit Appeals (PDF , 114.8 KB). 

Commissioner Tuor

Date Speech
18 October 2008 Paper on The keys to effective pre trial and hearing preparation and presentation of merit appeals (PDF , 61.5 KB) - Section 34 Conciliation Conferences. 

Past Commissioners

Commissioner Pearson

Date Speech
2 September 2010 Paper on Planning Principles and Precedents in Merits Review (PDF , 201.0 KB), presented at the Australasian Conference of Planning and Environment Courts and Tribunals (ACPECT) 2010, Sydney. 

Commissioner Taylor

Date Speech
18 October 2008 Paper on Legislative and policy challenges for the protection of diodiversity and bushland habitats: An evidence based approach (PDF , 899.1 KB).

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

Last updated:

09 Apr 2024

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