Monday, 24 September 2018
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Penny Murray
"With dual qualifications in science and law, my role is not to focus on pure legal issues but to apply critical and robust thinking to the intersection between fact, expert opinion and law."
Telephone +61 2 8915 1031
Facsimile +61 2 8916 2000
Email Penny
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I have provided complex planning, environment and government advice to both public and private sector clients in the property, development, infrastructure, energy, resources and manufacturing sectors since 1999.


With dual qualifications in science and law, my role is not to focus on pure legal issues but to apply critical and robust thinking to the intersection between fact, expert opinion and law. This is particularly important in environment and planning law when advising on such matters as environmental impact assessment and environmental risks in a context that is subject to public scrutiny and political discretion.


I joined Addisons in January 2018. Prior to Addisons I was a partner at Dibbs Barker and Minter Ellison lawyers.


I was listed as a recommended lawyer in Asia Pacific Legal 500 for 2017 in real estate. I have been listed as an expert in Planning and Environmental Law in Best Lawyers for 2014-2017.


I am also listed as a Leading Environmental Lawyer – NSW in Doyle’s Guide to the Australian Legal Profession.

 

I am the Vice Chair of the Urban Development Institute of Australia (NSW) Planning Standing Committee and received a commendation at the UDIA NSW Women in Leadership Awards for Excellence in 2015.

 

Qualifications

LLB - Macquarie University

 

B Sc (Resource & Environmental Management) - Macquarie University

 

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Australia - Parallel imports and exhaustion of trade mark rights
21 September 2018
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Act) was assented to on 24 August 2018. Among other changes, it amends the Copyright Act 1968 (Cth) (Copyright Act) and the Trade Marks Act 1995 (Cth) (Trade Marks Act) to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21 August 2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
MORE INFORMATION

In my over 19 years of practice I have developed sound skills in:

 

  • Advising on the interaction between different legislation, transitions in the legislation such as from Part 3A to State significant development projects and on legislative compliance for planning applications and approvals.
  • Scoping and advising on the adequacy of environmental assessment reports prior to submission to reduce the risk of rejection, delays, community concerns and appeals.
  • Advising on planning approval strategies and permissibility of various development proposals including the appropriate characterisation of the development.
  • Advising on the prospects of approval considering planning controls, the impacts of the development, authority policies, community concerns and planning principles established by the Land and Environment Court.
  • Advising on environmental compliance, pollution incidents and EPA investigations
  • Advising on valuation of land matters for land tax and compulsory acquisition purposes including acting in Land and Environment Court appeals.
  • Conducting high level reviews of planning and environmental risks for a  large variety of industries including gold mines, manufacturing facilities (such as plastic packaging), abattoirs and livestock processing exchanges, solar energy farms, wind farms, telecommunication cables, warehouses, residential developments and seniors housing.
     
 

Qualifications

LLB - Macquarie University

 

B Sc (Resource & Environmental Management) - Macquarie University

 

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Australia - Parallel imports and exhaustion of trade mark rights
21 September 2018
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Act) was assented to on 24 August 2018. Among other changes, it amends the Copyright Act 1968 (Cth) (Copyright Act) and the Trade Marks Act 1995 (Cth) (Trade Marks Act) to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21 August 2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
MORE INFORMATION
EPA Prosecution
Advised multiple entities on EPA investigations and prosecutions in the Land and Environment Court. Clients have included Multiplex Constructions, Cabonne Council, Thiess/Hochtief, Xstrata, lllawarra Coke and Coal and BHP Steel (AIS).
View Full Case Study
Contaminated development site
Represented a developer landowner in relation to an appeal by a former owner in respect to a management order issued by the EPA for the remediation of contaminated soil and groundwater caused by historical manufacturing operations. The appeal was resolved by the parties resulting in a voluntary remediation agreement and then the future sale and redevelopment of the property.
View Full Case Study
Finance
Advised the financier in respect to the Huntlee New Town project in respect to a legal challenge to the planning approval and shadowed the solicitors with conduct of the defence. Conducted due diligence for a banking syndicate on the Frasers Central development which was the largest residential development finance at the time since the GFC.
View Full Case Study
AkzoNobel
Acted for AkzoNobel on the remediation and divestment strategy of land at Grand Avenue, Camellia. The land was listed on the significantly contaminated land register and was subject to a voluntary management agreement at the time of its disposal to Bilbergia.
View Full Case Study
Elanor
Acted as part of a team for Elanor Investments on its environment and planning due diligence for the purchase of Auburn Shopping Central and in advising on various other planning matters.
View Full Case Study
Gannet Developments
Advised Gannet Developments on its residential flat building and boarding house developments on the northern beaches. Acted in multiple Land and Environment Court appeals - all of which (excluding one modification) were settled at conciliation conferences.
View Full Case Study
Australand
Advised Australand on planning approval strategies for Discovery Point, Avon Road Pymble and a development at Lane Cove.
View Full Case Study
 

Qualifications

LLB - Macquarie University

 

B Sc (Resource & Environmental Management) - Macquarie University

 

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Australia - Parallel imports and exhaustion of trade mark rights
21 September 2018
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Act) was assented to on 24 August 2018. Among other changes, it amends the Copyright Act 1968 (Cth) (Copyright Act) and the Trade Marks Act 1995 (Cth) (Trade Marks Act) to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21 August 2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
MORE INFORMATION
Environmental prosecutions and monetary benefits
24/9/2018
EPA Guidelines now indicate how it is that the EPA propose to pursue orders in prosecutions relating to the monetary benefits or financial advantages obtained from an unlawful activity under section 249 of the Protection of the Environment Operations Act 1997.
View Full Focus Paper
 

Qualifications

LLB - Macquarie University

 

B Sc (Resource & Environmental Management) - Macquarie University

 

Latest Knowledge
Should you be checking your termination benefit approvals?
21 September 2018
A recent unreported decision of the NSW Supreme Court should have executives rushing to their lawyers to check that their entitlements on retirement or termination from office have been properly approved by shareholders. It is not enough that shareholders have been told about an executive’s termination benefits and then given some general approval to them. For termination benefits approval to be effective, requirements as to both form and substance need to be strictly observed.
MORE INFORMATION
Australia - Parallel imports and exhaustion of trade mark rights
21 September 2018
The Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) (Act) was assented to on 24 August 2018. Among other changes, it amends the Copyright Act 1968 (Cth) (Copyright Act) and the Trade Marks Act 1995 (Cth) (Trade Marks Act) to clarify the circumstances in which the parallel importation of trade marked goods does not infringe a registered trade mark.
MORE INFORMATION
Interim Heritage Orders - when can they be made and what effect do they have on development
21 August 2018
Landowners, developers and purchasers of property need to be aware of the increased use by many Sydney councils of their power to make an interim heritage order (IHO) over an item that the council considers may, on further inquiry or investigation, be found to be of local heritage significance, and is being or is likely to be harmed. The effect of the making of an IHO over a property can and often does restrict and limit development plans for the property.3
MORE INFORMATION