Profile:
Dr Robert Sadler practices extensively in water, drainage, local government and environmental law.
During 2012 - 2014 Rob was the only barrister on a small Ministerially appointed Project Group responsible for reviewing and redrafting the Victorian Water Act.
Prior to coming to the Bar in 2001, Rob was Chief Executive Officer of Central Highlands Region Water Corporation.
Rob also has extensive experience in contract and general commercial disputes and in town planning matters. He practices before the Federal Courts, the Magistrates, County and Supreme Courts and Tribunals particularly VCAT.
Rob is an accredited mediator under the NMAS. He is highly regarded due to his extensive commercial experience and reputation for cutting through complex legal arguments to the real issues in dispute. He has a particular interest in water and drainage cases of all types due to his background in the water industry
Rob’s doctorate was in water law and management of the water industry throughout Australia. He continues to supervise doctoral candidates in water law and regulation.
Rob is a "Senior Fellow" with Monash University’s Faculty of Law and designed the course for Monash LL.M. students in "Regulation of Australian Water Resources". Until recently he was the principal lecturer and chief examiner of that course. The course has a particular emphasis on the Murray Darling Basin and regulatory mechanisms.
He was also a member of the Victorian Minister for Water's Advisory Panel on water law reform which considered and redrafted the Victorian Water Act, and an Adjunct Professor with Southern Cross University in NSW, a member of various public sector audit committees and is a member of the Board of both Health Education Australia Ltd and the Australasian Institute of Clinical Governance and the Australian Baseball Federation.
Rob's most recent publications include a series of articles on Water Law published in the Law Institute Journal and an extensive review of the tort of misfeasance in a public office published in the Australian Bar Review. He has also published widely in other areas including administrative, discrimination, constitutional, university, and trade practices law and the law of economic torts.
Rob has a substantial and particular expertise in water and drainage matters, water regulation and the economics of water management. He has wide range of experience acting for water authorities, government departments, farmers, developers, insurers and local councils. He is regularly involved as counsel or mediator on behalf of the government in agricultural and water management disputes.
Examples of some of the recent significant cases in which Rob has appeared in this area, across the Supreme Court, County Court and VCAT jurisdictions include:
Water flows:
Owners Corporation 1 PS631823J v South East Water Corporation [2023] VCAT 751 (4 July 2023) - appeared for the Applicant in obtaining approx $1m damages arising from a flow of water from a water main in South Yarra despite no previous fialures in the main
Steedman v Greater Western Water Corporation [2023] VCAT 128 - appearing for Applicant successfully arguing that the statute of limitations did not apply to Water Act claims
Lyall v Element Five Pty Ltd [2023] VCAT 66 - appearing for Respondent builder in trial successfully opposing s.16 flow claim
Patsuris v Gippsland and Southern Rural Water Corporation [2016] VSCA 109 - Court of Appeal - appeared for Respondent in appeal from trial judge in relation to flow from a drain. An application for special leave to appeal to the High Court was successfully opposed: see [2016] HCASL 261.
Mills v Runbenstein [2016] VCAT 586 - appearing for Respondent opposing application for damages and injunction arising from flow and flooding between domestic properties
Pumpa v Goulburn Murray Rural Water Corporation [2015] VCAT 1101 - appeared for GMW opposing flooding and salintiy claim.
Herring v Minister for Water (2015) – appearing for Minister for Water in this $1M claim under s.16 of the Water Act 1989, which settled part way through the proceeding.
Quigley v Lower Murray Urban and Rural Water Corporation trading as Lower Murray Water [2014] VCAT 1325 - appeared for the Applicant in obtaining damages arising from a flow of water
Patsuris v Gippsland & Southern Rural Water Corporation [2013] VCAT 1774 – Patsuris v Gippsland and Southern Rural Water Corporation [2016] VSCA 109
Patsuris v Gippsland and Southern Rural Water Corporation [2014] VSC 621 - – appeared for Respondent in appeal from VCAT decision
Westbrook v Knox City Council & SPI Powernet Pty Ltd (W144/2013): for Knox City Council in this $1M claim under s.16 of the Water Act 1989, which settled part way through trial.
Hagen Park v Australand and Melbourne Water (2014): for Respondent developer concerning impact of upstream development on downstream farm land
Hazelwood Power Partnership v Latrobe City Council & Anor [2015] VSC 638:[2016] VSCA 109 for Hazelwood in proceeding concerning the status of drain; with David Collins QC.
Hazelwood Power Partnership v DPI (2013) for Hazelwood in this proceeding challenging the issue of certain mining directions and requirements about drainage with Stuart Morris QC.
Fyson v Leederville Pty Ltd [2013] VCAT 1748 – for Respondent developer concerning impact of upstream development on downstream farm land
Reynolds v Southern Quality Produce Co Operative [2011] VCAT 692 for Applicant seeking injunction to restrain flow
City of Boroondara v Yarra Valley Water Limited [2011] VCAT 1336 – for Respondent defending a claim for damage for a flow of sewege
Pumpa & Ors v Murray Darling Basin Commission & Anor [2008] VCAT 2268 – for Respondent opposing claim for flow from salt lake.
Pumpa & Ors v Goulburn-Murray Rural Water Corporation [2010] VSC 169 – appearing for GMW on appeal from VCAT decision
South East Water Ltd v Transpacific Cleanaway Pty Ltd [2010] VSC 46 – on appeal from VCAT decision
Transpacific Cleanaway Ltd v South East Water Limited [2008] VCAT 1798 appearing for South East Water defending a claim for damage for a flow of sewage
BE and D Mawby Pty Ltd v Bingham [2007] VCAT 813 -appearing for Applicant in this s.16 flow claim
Kopitschinski v Song (Real Property) [2007] VCAT 1958 -appearing for Applicant in this s.16 flow claim
Multiple cases acting on behalf of Goulburn Murray Water and Southern Rural Water defending claims arising from flows of water from irrigation channels.
Water and drainage rights:
Montano v Barwon Region Water Corporation [2021] VCAT 161 – appeared for Respondent Authority in relation to water fees dispute
Williams v Goulburn Murray Water [2018] VCAT 2010 – appeared for GMW in water rights claim
PBJ Blackburn Road Pty Ltd v Yarra Valley Water [2018] VCAT 1530 - appeared for Respondent Authority in relation to water fees dispute
English v Goulburn Murray Water [2018] VCAT 1239 (7 August 2018) appeared for Respondent Authority in relation to water rights dispute
D'Agostino v Greater Shepparton CC [2017] VCAT 478- appeared for GMW in relation to drainage dispute
St Andrews Beach Country Golf Course Pty Ltd v Southern Rural Water [2017] VCAT 919 appeared at VCAT for PHS successfully striking out injunctive and declaratory proceedings.
Peninsula Hot Springs v Southern Rural Water Corporation (2017) - appeared at VCAT for PHS seeking amendment to groundwater licence
D'Agostino & Anor v Goulburn Murray Rural Water Corporation [2017] - appeared for GMW in Supreme Court proceeding concerning drainage rights
Federation Estate Pty Ltd v Southern Rural Water Corporation [2016] VSC 610 - appeared for SRW in Supreme Court appeal related to water authority fees
Hazelwood Power Partnership v Latrobe City Council & Anor [2015] VSC 638:[2016] VSCA 109 with David Collins QC
Stagliano v Goulburn Murray Water [2013] VCC 584 and Court of Appeal appeal from County Court decision
D'Agostino & Anor v Goulburn Murray Rural Water Corporation [2011] VSC 668
Delaware Trading Co Pty Ltd & Ors v Goulburn Murray Rural Water Corporation [2013] VCAT 21
Rigoni v Goulburn Murray Water & Anor [2011] VCAT 201
Norman v Goulburn Murray Water Authority - Tatura [2010] VCAT 845
Paul v Goulburn Murray Water Corporation & Ors [2010] VCAT 1755
Hosken v Goulburn Murray Water - Tatura [2010] VCAT 776
Castle v Southern Rural Water [2008] VCAT 2440
Torney v Wimmera Mallee Rural Water Authority [2004] VCAT 1828
Professional Standards Act 2003 [Vic] "Liability limited by a scheme approved under Professional Standards Legislation."