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Introduction

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Roslyn has nearly 30 years experience in local government and planning law. That wealth of experience was recognised in 2013 when she was appointed as an Accredited Specialist in this area of law pursuant to the “Nomination of Excellence Program”.

The majority of her legal life has been connected with the Land and Environment Court, practising primarily in its Class 1 jurisdiction (planning appeals); however, Roslyn also has extensive experience in Class 4 (enforcement) and Class 5 (prosecutions) as well as local government, planning and property-related experience in other Courts including the Local Court, Supreme Court, Federal Court and High Court of Australia.

Roslyn prides herself on a strong intellectual and analytical ability. She is regularly required to interpret and advise on legislation and subordinate legislation and to analyse and apply case law in that process. Her experience in a range of litigation has exposed her to a wide variety of legislation at both State and Federal levels.

Throughout her career, Roslyn has demonstrated an ability to discharge her duties in a timely and competent manner. She is a self-confessed “list keeper” which assists her to get the job done on time. She actively employs techniques to cope with the pressures of work including (almost) daily meditation and yoga practice, regular prioritising of work demands and ensuring efficiency in her work practices.

Roslyn is a great communicator. She has the ability to speak and write in plain English without recourse to unnecessary legal jargon. Her writing skills are exceptional and her advocacy is characterised by an economy of words.

Roslyn has acted for both councils and developers throughout her career and currently works in particular with Julie Walsh and Gary Green respectively in these areas. Roslyn’s continuing involvement in both areas has gained her a balance of experience rare to many practitioners.

Experience

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  • Preparing, appearing and instructing in hundreds of Class 1 appeals, including the Land and Environment Court’s “quick stream” section 34AA process.
  • Acting as solicitor/advocate in a number of Class 4 proceedings for enforcement of development consents and orders under the Environmental Planning and Assessment Act.
  • Acting as instructing solicitor in a number of Class 5 defended prosecutions under the Environmental Planning and Assessment Act.
  • Acting for owner of a large-scale seniors living development at Glenhaven in The Hills Shire Council area in judicial review proceedings and advising on development applications and planning proposals.
  • Advised and appeared on behalf of a group of water licence holders in relation to legal proceedings and a complaint to the NSW Ombudsman in relation to the administration of the Water Management Act 2000.
  • Advising councils and developers in relation to physical commencement of development.
  • Advising developers on regularising unauthorised development, including applications for modifications, building certificates and Class 1 appeals.  
  • Preparation of and advice in relation to voluntary planning agreements.
  • Advising in relation to Local Environmental Plans, planning proposals and Development Control Plans.
  • Assisted with the preparation of proceedings in the Land and Environment Court in which the judgment became a leading case on the issue of the Court’s discretion in relation to the making of orders for injunctive relief: Warringah Shire Council v Sedevcic [1987] 10 NSWLR 335.
  • Assisted in the 1989 successful application for special leave to appeal to the High Court from the decision of the NSW Court of Appeal in Sydney City Council v Claude Neon Ltd (1989) 15 NSWLR 724 concerning the necessity for owner’s consent to a development application for development within the airspace of a council road.
  • Assisted in Federal Court litigation concerning complex property rights and contractual arrangements which was successfully resolved to enable the creation of easements and air space rights to land adjoining Qantas Drive, Joyce Drive and the Robey Street and O'Riordan Street Bridges at Sydney Airport for the installation of large-scale advertising signs (1992–1994).
  • Assisted and later assumed the carriage of successful proceedings in the Court of Appeal and High Court of Australia for South Sydney Council against the Royal Botanic Gardens and Domain Trust concerning a dispute relating to the interpretation of the lease for the Domain Car Parking Station (1999–2002).
  • Assisted in the preparation of the hearing at first instance and section 56A appeal in the Land and Environment Court in which the judgment on appeal became a leading case on the consideration of objections made pursuant to State Environmental Planning Policy No.1: Winten Property Group Ltd v North Sydney Council [2001] NSWLEC 46.
  • Instructed in relation to a novel case concerning the application of section 16 of the Roads Act 1993: Casson v Leichhardt Council [2011] NSWLEC 243.

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Qualifications

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BEc LLB 1985, University of Sydney