Marita specialises in environmental, planning and land acquisition matters acting for private clients and government agencies. Marita has particular expertise in litigation involving contaminated land and losses related to environmental damage, having appeared in a number of significant and long running environmental cases and panel processes.
Marita appears regularly in VCAT, the Supreme Court and Planning Panels Victoria in matters relating to town planning, environmental issues and land acquisition. In 2015 and 2016 Chambers and Partners Global and Asia Pacific ranked Marita as one of Australia’s leading junior barristers. She was recommended as being an “outstanding barrister: her written and oral advocacy is excellent and she is a delight to work with." [ref Chambers Asia Pacific 2016]
Experience
Inquiries and Assessment Committees
- 2009 Bushfires Royal Commission - Marita appeared on behalf of the State of Victoria in the long running Royal Commission, addressing topics including planning, building regulation, electricity regulation and fuel reduction burning (led by Allan Myers QC and Kerri Judd QC).
- Hazelwoood Mine Fire Inquiry (2015) - Marita acted on behalf of GDFSAE, the owner and operator of the Hazelwood Mine before a Board of Inquiry relating to alleged health impacts of the Mine Fire and (led by Rachel Doyle SC and Anthony Neal QC).
- Melbourne Metro Rail Project – Marita is briefed on behalf of the Melbourne Metro Rail Authority in relation to the EES and approval processes required for the Project (ongoing).
- 2014-2015 East West Link Assessment Committee – Marita acted on behalf of the Minister for Planning before the East West Link Assessment Committee and subsequently in proceedings before the Supreme Court (settled) challenging the validity of the approvals for the Project (led by Chris Townshend QC and David Batt QC).
- Waubra Wind Farm acting for Wind Energy Australia the proponent in relation to Planning Scheme Amendments and Environment Effects Statement and EPBC Act referral to facilitate the approval of the largest wind energy facility in Victoria. The case involved consideration of environmental issues including threat to endangered species, acoustic impacts, social and amenity considerations arising from the proposal (led by Chris Townshend QC).
- Bendigo Gold Mine acting for the proponent Bendigo Gold NL in relation to an extension of the Bendigo gold mine which involved an EES, EPBC Act referral and Planning Scheme Amendment. The case involved complex environmental issues including consideration of the Native Vegetation Framework, endangered species and hydrological issues (led by Michael Wright QC).
Litigation
- MFESB v Yarra City Council & Ors [2015] VSC 773 acting for the plaintiff in litigation concerning contamination discovered at a site in Burnley with claims in tort and for compensation under the Environment Protection Act 1970.
- Winky Pop Pty Ltd & Anor v Mobil (ongoing) acting for a developer in litigation before the Supreme Court relating to claims against Mobil for damages arising from contamination of land in Williamstown alleged to have been caused by a leak of petroleum from Mobil’s pipeline (led by Charles Scerri QC).
- Nicholls v Minister for Planning (settled) acting for the Minister for Planning in Supreme Court proceedings relating to the approval and subsequent revocation of a Planning Scheme amendment for Phillip Island (led by Debbie Mortimer SC and Rachel Doyle SC).
- Wheelahan v City of Casey (settled) acting on behalf of residents in a class action in the Supreme Court against the Council for damages relating to escape of gas from a landfill adjacent to a residential subdivision (Brookland Greens Estate in Cranbourne (led by Jim Delany QC).
- Premier Building and Consulting Group Ltd v Spotless Group Limited & Ors appeared in a five month trial in the Supreme Court before Justice Byrne on behalf of a landowner whose land was contaminated by its former owner. The case raised complex issues including the liability of parent corporations for the acts of subsidiaries that had been deregistered, tort, economic loss and statutory compensation.
- Love v State of Victoria & Road Corporation acting for Roads Corporation in long running proceedings relating to the validity of acquisition of land for the purpose of the Craigieburn Bypass. The causes of action against the Corporation were in tort and administrative law and there were some 33 interlocutory hearings before trial. All claims against the Corporation were dismissed.
Planning and Administrative law
Land Acquisition
- Briefed by the Regional Rail Link Authority in relation to numerous proceedings in the Supreme Court and VCAT relating to disputed compensation claims arising from acquisitions for the Regional Rail Link Project during 2014 and 2015.
- Western Grasslands Reserve (ongoing) acting for DELWP in relation to numerous planning permit applications for land within the Western Grasslands Reserve.
- McCann v Roads Corporation [2011] VSC 96 acting for Roads Corporation in relation to a disputed acquisition for the Geelong Bypass.
- Rigby v Secretary to the Department of Sustainability and Environment [2012]VSC 427 acting for the Secretary (led by Jeremy Gobbo QC)
- Perpetual Nominees Ltd v Valuer General (led by Jim Delany SC) acting for the Valuer General in relation to appeals regarding the site value for Westfield Doncaster.
Previous occupation
Marita commenced her career in 1996 as an Associate in the Federal Court of Australia.
Immediately before joining the Bar, Marita was a Senior Associate with Maddocks in their Public Law department, practising predominantly in the areas of planning, environment and local government law.
Boards/Memberships
Director Victorian Women’s Housing Association Inc 2004 – December 2008
Director Brunswick Coburg Legal and Financial Counselling Centre Inc 2002 – 2007
Director Environment Victoria Inc 1999 – 2003
Member Victorian Planning and Environmental Law Association (current)
Click here to download my List G Barristers CV.