Most of our work in this area involves judicial review, which is the process of asking a court to examine whether a government body has made a decision properly, rather than whether the decision itself was the right one. We act in a wide range of judicial review matters, but a large part of our work involves planning decisions, such as a local council or other planning authority approving or refusing a development in circumstances where the process followed, or the decision reached, can be challenged.

If you have been affected by a decision made by a government body or statutory authority and believe something has gone wrong, the starting point is understanding whether there are valid legal grounds to challenge it. The law sets specific criteria for when a decision can be reviewed by a court and identifying whether those grounds exist requires careful legal analysis. It is not enough simply to disagree with the outcome. We advise clients on whether a challenge is available and worth pursuing, and we do that early, before any commitment to proceedings is made.

We also defend individuals and companies prosecuted for alleged offences under planning, environment and water use legislation, and other regulatory matters. We advise clients on their exposure and represent them in proceedings before a court or tribunal.

Our Approach

Fast, clear advice and skilled representation in matters where time is often critical

Challenges to government decisions are often time-sensitive, and delay can affect your ability to bring a claim or prevent adverse consequences from flowing from the decision. We aim to give clients prompt, clear advice on whether they have grounds to challenge a decision and the prospects of success, so they can make informed decisions about whether and how to proceed. We move quickly when a matter calls for it.

We advise clients on the merits of a potential challenge and the realistic prospects of success, helping them decide whether to commence proceedings, navigate an existing process, or manage the practical consequences of a decision that has already been made.

We represent clients in the Supreme Court of Western Australia, the State Administrative Tribunal and the Federal Court of Australia.