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Dr Joseph Monaghan

LLB (Hons), LLM, B.Env.Sc., J.S.D.

Partner - Melbourne

Areas of Expertise

Planning, Environment & Sustainability, Property, Planning & Development, Administrative Law, Local Government

Contact Joseph

+61 3 9321 9857 joseph.monaghan@holdingredlich.com Connect

Expertise

Joseph is a planning and environmental lawyer with extensive experience acting for private clients, local councils, government departments and water authorities.

If planning or environmental litigation is necessary, Joseph will often act as solicitor advocate.

Joseph has been listed in The Best Lawyers in Australia 2020 to 2024 edition for Planning and Environmental Law.

Experience

Recent Planning Experience

  • acting for a council as solicitor advocate in relation to a proposal for a controversial residential drug and alcohol rehabilitation centre
  • acting for a council as solicitor advocate before Planning Panels Victoria for a proposal to amend policy in the planning scheme to provide policy support for tourism uses in the Green Wedge Zone
  • acting for the owner of a major site in which our client successfully rezoned its land through the Planning Panel process to the Mixed Use Zone to facilitate a major mixed use residential development. The matter involved complex planning issues in relation to heritage, building height and mass, public open space, traffic, community objection and setbacks to the Yarra River
  • acting for a metropolitan Council in proceedings at VCAT with respect to the conversion of a former hotel to a multiunit residential development
  • acting for a regional Council in numerous proceedings at VCAT including conditions appeals, declaration proceedings, and planning enforcement proceedings
  • acting for the permit applicant in proceedings before VCAT for a $150 million hotel and apartment development at St Kilda Road. The permit was successfully secured through the compulsory conference process
  • acting as solicitor advocates for Coliban Water and Western Water in proceedings before Planning Panels Victoria to apply environmental significance overlays as buffer protection around waste water treatment plants
  • acting before Planning Panels Victoria for the operator of a major hotel servicing Melbourne Airport in successfully opposing a planning scheme amendment that sought to rezone the hotel land to the Industrial 3 Zone
  • acting before VCAT for the permit applicant for an Islamic school
  • acting for numerous developers at VCAT regarding multi lot subdivisions and developments which have been refused permits on the basis of neighbourhood character
  • acting as solicitor advocates for Melbourne Seafood Centre before Planning Panels Victoria objecting to a proposed residential development. The matter involved complicated issues of land use conflict and industrial residual air emissions
  • acting for EG Funds before Planning Panels Victoria in relation to a major proposed mixed use development. The matter involved complicated issues of land use conflict in relation to the proposed residential use and ongoing industrial uses at surrounding land
  • acting for ISPT in an appeal to the Heritage Council of Victoria with respect to heritage issues at the former General Post Office building.

Recent Environmental Experience

  • acting as solicitor advocates for Metropolitan Waste and Resource Recovery Group in proceedings before VCAT regarding the Melbourne Regional Landfill and also the Werribee Landfill
  • acting for St Andrews Golf Club in various proceedings relating to groundwater issues involving Peninsula Hot Springs and Southern Rural Water
  • acting for a council as solicitor advocate in relation to the Ministerial call-in of 4 major state significant development solar farms. The case involved complicated technical issues around heat island effects and the conversion of irrigated land to solar energy facilities.

Recent Compulsory Acquisition Experience

  • acting for the acquiring authority with respect to settlements of compensation for loss on sale claims, advances of compensation and settlements of compensation for various road projects
  • acting for the acquiring authority for the Victorian Desalination Plant pipeline easements, including the conduct of several valuer conferences at VCAT
  • acting in Supreme Court litigation for a claimant for the Regional Rail Link acquisition
  • acting for a claimant against Melbourne Metro Rail Authority
  • acting for water authorities for the acquisition of land for tank sites, water supply easements and irrigation modernisation schemes
  • acting for Councils for the acquisition of land for various projects, including a freight and logistics centre and a bus interchange.

Water Industry

Joseph has for many years provided advice to Victoria’s water industry in relation to a wide range of issues.

A focus of Joseph’s practice for water industry clients has been providing legal advice with respect to issues arising from the provision of infrastructure, including pipelines, channel modernisation projects, tank sites and reservoir upgrades. His experience means clients have a single point of contact to provide advice and assistance with all aspects of these projects.

Joseph also holds a doctorate degree in law for his thesis titled ‘Law and Policy of the Murray-Darling Basin’.

Administrative Law

  • providing administrative law compliance advice to Government agencies
  • review of decisions - internal review, merits review and judicial review
  • IBAC matters involving Local Government.

Publications

31 May 2023 - Knowledge

Constitutional challenge: Can states tax electric cars?

#Planning, Environment & Sustainability, #Taxation

A landmark case before the High Court will determine the constitutional validity of Victoria’s recent electric vehicle tax.

01 February 2023 - Knowledge

Victoria bans single-use plastics

#Planning, Environment & Sustainability

New environmental regulations have come into effect in Victoria, banning the sale or supply of some single-use plastics from 1 February 2023.

14 December 2022 - Knowledge

Ecologically sustainable development requires consulting traditional landowners

#Property, Planning & Development, #Native Title & Indigenous Cultural Heritage

The Federal Court, at first instance and on appeal, has overturned an offshore drilling plan because the proponent did not properly consult traditional landowners.

30 November 2022 - Knowledge

NDIS and town planning – important changes to Victorian planning schemes

#Property, Planning & Development

We outline recent amendments to the Community Care Accommodation provisions in Victorian planning schemes, which have important implications for specialist disability accommodation providers.

22 November 2022 - Knowledge

Victorian Election: Reviving the State Electricity Commission

#Property, Planning & Development

Reviving a State government owned energy company represents a significant shift in energy policy in Victoria with broad impacts for decarbonisation and power bills.

26 October 2022 - Knowledge

Flooding and legal liability – what are we seeing?

#Planning, Environment & Sustainability

The recent and ongoing extreme floods across the eastern part of Australia are raising a series of legal issues. In this article, we look at some of these key issues, including managing flood risk and development in areas subject to inundation, and the liability of public authorities for decisions that expose residents and businesses to greater risk.

11 October 2022 - Knowledge

Towards zero extinctions: Updated environmental policy in Australia

#Planning, Environment & Sustainability, #Property, Planning & Development

The federal government has released an updated action plan to change Australia’s biodiversity loss with the aim of zero new extinctions.

19 September 2022 - Knowledge

The new federal government's plan to safeguard the Murray-Darling Basin

#Planning, Environment & Sustainability

The Australian Labor Party's plan to ‘future-proof’ Australia’s water resources includes a five-point plan to protect the Murray-Darling Basin. We consider this plan in its broader context.

06 September 2022 - Knowledge

Closer to a Circular Economy – New environmental legislation in Victoria

#Property, Planning & Development

A bill before the Victorian Parliament will legislate key aspects of existing recycling policy. The bill will establish a new waste to energy scheme, provide for long term waste policy and introduce new enforcement powers.

06 June 2022 - Knowledge

Water theft and the new zero-tolerance approach

#Planning, Environment & Sustainability

Diverting water from a declared water system without permission is an act of water theft under existing water laws. What strategies are water corporations using to ensure compliance?

25 May 2022 - Knowledge

Environmental laws under the new federal government

#Planning, Environment & Sustainability

The new federal government has proposed a number of significant policies to improve federal environmental frameworks, including a new independent environmental protection agency and a comprehensive plan to achieve net zero by 2050.

29 March 2022 - Knowledge

Elections and planning laws – can I put up a yard sign?

#Planning, Environment & Sustainability

Planning laws were brought into the spotlight by the Supreme Court of Victoria which held that such laws do not prohibit the display of political yard signs.

15 March 2022 - Knowledge

The Murray-Darling Basin Plan – courts and water use

#Planning, Environment & Sustainability

We look at how a court would hypothetically consider a challenge to the legal validity of the Basin Plan if it were challenged on environmental grounds.

09 March 2022 - Knowledge

Legislated climate targets – does Australia need one?

#Planning, Environment & Sustainability, #Renewable Energy

The Climate Change Bill 2020 will create a federally legislated climate target if passed. But is it necessary to legislate our climate targets to achieve net zero?

18 January 2022 - Knowledge

Australian and Californian water laws – can we learn from one another?

#Planning, Environment & Sustainability

We examine the legal systems of Australia and California, and the impact their different approaches might have on litigation in the future.

19 October 2021 - Knowledge

Major planning changes under new Suburban Rail Loop law

#Property, Planning & Development, #Construction, Infrastructure & Projects

The Suburban Rail Loop Bill 2021 creates a new statutory authority to deliver and manage one of the largest infrastructure projects in Australia’s history.

06 October 2021 - Knowledge

Are wind farms a nuisance?

#Renewable Energy, #Construction, Infrastructure & Projects, #Planning, Environment & Sustainability

A wind farm nuisance test case currently before the Supreme Court of Victoria may have wider implications for wind farms and renewable energy targets.

11 August 2021 - Knowledge

IPCC 2021 climate change report – another tool for climate litigation?

#Property, Planning & Development, #Renewable Energy

The Intergovernmental Panel on Climate Change has released the first part of the Sixth Assessment Report, outlining the most up-to-date and comprehensive climate science data, as well as providing an important resource for climate litigation.

Upcoming Seminars

31 May 23

IBAC and the Victorian Ombudsman | Victorian Local Government Series 2023

IBAC and the Victorian Ombudsman have investigated a number of complaints in relation to Victorian local councils and produced a series of reports. In this presentation, partner Joseph Monaghan, will provide a basic overview of IBAC and the Victorian Ombudsman, their respective roles and functions under their establishing legislation and an overview of recent IBAC and Ombudsman investigation reports involving local councils.

Register now

05 Jun 23

Emergencies, flooding and legal liability | Victorian Local Government Series 2023

The recent extreme flood events raise a series of legal issues including the liability of local councils for decisions that expose residents and businesses to greater risk from flooding events, and remedial steps to address past decision-making. In this webinar, partner Joseph Monaghan and lawyer Jacob Atkinson will discuss these topics.

Register now

14 Jun 23 - Canberra

Seminar | Challenges in the workplace series: Absenteeism

In the third and final seminar of the series, partner Andrew Klein and senior associate Natasha Jones, explore the legal risks associated with returning absent employees to work. This includes ill and injured workers, chronic absenteeism, Comcare issues, 'work from home' related issues and COVID 'return reluctance'. In the course of the seminar, our speakers will work through hypothetical scenarios with reference to relevant regulatory APS frameworks and recent case law.

Register now

Holding Redlich respectfully acknowledges the Traditional Owners of the land on which we operate as the continuing custodians of this land. We recognise their continuing connection to Country, practices, knowledge systems and communities. We pay our respects to Elders, past and present.

Holding Redlich © 2023