People

Karen Browne - Partner

Karen Browne Karen has over 20 years’ experience practicing primarily in the areas of local government and planning, commercial litigation and general commercial matters.

Overview Experience Publications Contact

Karen has over 20 years’ experience practicing primarily in the areas of planning and environment, local government, commercial litigation and commercial matters.

Karen’s experience in the local government sector has given her extensive experience in the approvals process for development of land and the implementation of development proposals, compensation claims, planning appeals and the provision of advice and representation in the Supreme Court and State Administrative Tribunal relating to planning matters.  She also provides legal advice in respect to administrative law issues affecting land developers, local government and other statutory authorities.

Karen holds qualifications in Laws from the University of Western Australia, Corporate Governance and Corporate Administration from the Governance Institute of Australia, and is admitted to practice in Western Australia and the High Court of Australia.

Areas of Practice

  • Advising in relation to a section 176(1) Planning & Development Act 2005 (P&D Act) application to SAT arising from the reservation of land in Local Structure Plan as POS and denial by the local authority of landowners’ right to compensation pursuant to section 174 of the P&D Act. This matter was won in SAT and appealed by the landowner with the Supreme Court decision on the appeal pending.
  • Preparation of an objection to a Notice of Intention to Take by Main Roads WA for a large commercial developer whose Margaret River land is to be bisected by the Margaret River Perimeter Road, advice in respect to a judicial review of the Minister’s dismissal of the objection to the Notice of Intention to Take, a s.211 Land Administration Act 1997 claim.
  • Advised on a submission in respect to an internationally recognised Western Australian statutory university body’s report into its organisational change including advice in respect to due diligence findings relating to comparisons between the 2014 report and 2007 report findings and recommendations in respect to compliance with statutory obligations.
  • Preparation of a State Administrative Tribunal application for review of a section 24KA Native Title Act 1993 claim for compensation pursuant to that Act and the Land Administration Act 1997 relating to a Main Roads WA public work.
  • Advice in relation to and preparation of deeds of agreement for deferral of developer obligations to pay developer contributions and construction of cell works pursuant to a local government Scheme.
  • Prepared deeds of agreement to settle terms to allow a landowner to retain contaminated fill on site on terms and conditions and drafting of a restrictive covenant in respect there to.
  • Preparation of section 70A Transfer of Land Act 1893 notifications for lodgement on titles to land.
  • Advised a South-West land developer in respect to compensation, local government severance and access issues arising from a State government resumption and bisection of developable land and successful representation in SAT, currently on appeal in Supreme Court of Western Australia.
  • Acted for a national retail corporation in respect to an application to intervene in State Administrative Tribunal proceedings to which is was not a party and judicial review issues arising therefrom.
  • Advised South-West farmers in respect to the Planning & Development Act 2005 consequences of the construction of the Bunbury Outer Ring Road and Margaret River perimeter roads impacts and negotiating with local governments in respect to there to.
  • Provided advice to large commercial developers in respect to a claim for contribution towards infrastructure costs incurred in Yangebup and Davenport pursuant to the Planning & Development Act 2005.
  • Acted for a landowner in respect to a claim for adverse possession of land, drafting and negotiation of the terms of an easement to secure continued trespass on adjoining land.
  • Advised a company in respect to extractive industry State and local government compliance and an application to extend the extractive industry boundary.
  • Advised a landowner in respect to a claim by a local government arising from cadastral issues relating to land boundaries and relief applied for in the State Administrative Tribunal.

 

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