Tiphanie practises in civil and administrative law. Her practice encompasses a diverse range of matters relating to the use and development of land. As a consequence of her varied practice and background, Tiphanie draws on a broad expertise to achieve pragmatic outcomes.
Tiphanie has advised and appeared, both led and unled, in construction disputes, town planning, local government, Water Act and owners corporation matters. She has a particular interest in restrictive covenants and easements. In the regulatory context, Tiphanie prosecutes and defends local government planning and building matters, and Environment Protection Authority matters. Her environmental law practice includes advice and appearance in matters under State and Commonwealth legislation, including for judicial review.
Prior to signing the Bar Roll, Tiphanie was associate to the Hon. Chief Justice Warren and later to the Hon. Justice Judd of the Supreme Court of Victoria. She previously worked at the Commonwealth Department of the Environment and Water Resources where she was involved in the development of the National Greenhouse and Energy Reporting Act 2007 (Cth). She holds a Bachelor of Laws (H1) and a Master of Laws. She also holds a Bachelor of Science majoring in Geography and Environmental Studies.
Tiphanie is recognised in Doyle’s Guide to the Australian Legal Profession as a recommended Victorian planning & environment barrister (annually from 2018 to 2022). She has been a Board member of the National Environmental Law Association since 2019.
For a selection of Tiphanie’s recent appearances and publications see the “Extended Biography” tab.
Interpretation of a restrictive covenant.
Modification of a restrictive covenant pursuant to s84 Property Law Act 1958.
For the Registrar of Titles in an application for rectification of a mortgage instrument.
Firkin and anor v Pease & anor (2020, VSC, settled prior to trial)
For the plaintiffs seeking declarations in relation to an easement arising by prescription (long use).
Compulsory acquisition of an easement under s 36 Subdivision Act 1988.
E A Negri Pty Ltd v Lend Lease Services Pty Ltd (2020, VSC, settled prior to trial)
For the defendant in claims relating to civil construction works for the Mortlake Power Station. Led by John Gurr.
Biovision 2020 Pty Ltd and anor v CGU Insurance Ltd and ors (2014, VSC, settled prior to completion of trial)
Contract/negligence action and associated insurance claims in relation to the design and construction of composters for the Mindarie Resource Recovery Facility in Perth. Led by Jeff Gleeson QC and John Gurr.
For the applicant seeking a permit to construct a four-storey apartment building containing 76 dwellings.
For the responsible authority in an application for a permit for a mixed use tower in the Melbourne CBD.
For the applicant seeking a permit for a solar panel farm in Tatura East, Victoria.
For the applicant seeking a permit to construct 14 dwellings, and partial demolition and alterations to a heritage building. Led by Chris Townshend QC.
For the Minister for Planning in an application for review of permit conditions relating to a proposed tower development in the Melbourne CBD.
Amendment of a permit for a multi-storey mixed-use development on St Kilda Road. Led by Jeremy Gobbo QC.
ENVIRONMENT AND REGULATORY
For the Environment Protection Authority on a review of a Pollution Abatement Notice issued in relation to the release of industrial waste to the atmosphere.
ZY Property Pty Ltd v Melbourne City Council (unreported, County Court, December 2017)
For the Prosecution on an appeal against conviction and sentence under the Building Act 1993.
For the Tasmanian Aboriginal Centre Inc seeking declarations under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) to restrain the opening of three 4 wheel drive tracks in the Western Tasmanian Aboriginal Cultural Landscape. The first judicial consideration of the protection of “National Heritage values” in the context of “indigenous heritage values”.
Led by Brian Walters QC (trial and appeal). Led by Richard Niall QC (interlocutory injunction).
For the owners corporation in a dispute over waterproofing of a terrace and water entry to a lot.
Application under s34D Subdivision Act 1988 for a unanimous decision of the Owners Corporation. Led by Nick Pane QC.
‘The long road to a wide ambiguity gateway’ (2016) 42(1) Australian Bar Review 12.
Referenced in Siemens Gamesa Renewable Energy Pty Limited v Bulgana Wind Farm Pty Ltd  VSC 126, .
'Seafish Tasmania Pelagic Pty Ltd v Burke, Minister for Sustainability, Environment, Water, Population and Communities (No 2) Case Note' (2014) 29(3) Australian Environment Review 88.
‘Tarkine National Coalition Incorporated v Minister for Sustainability, Environment, Water, Population and Communities  FCA 694 Case Note’ (2013) 3 National Environmental Law Review 30.