Andrew Isaacs

Called to the Bar in 2013

Contact

[Phone] 9231 3133
[Fax] 9233 4164
[Email] isaacs@16wardell.com.au

CV

Click here for a CV.

Areas of Practice

Andrew was admitted to the Supreme Court of New South Wales in 2010 and called to the New South Wales Bar in 2013. Prior to being called to the Bar Andrew was an Associate Prosecutor with Crown Prosecution Service (England & Wales), a solicitor at the Office of the DPP (NSW), a Policy Officer for the NSW Department of Attorney-General and Justice in the Criminal Law Review Division and the Office of the President of the Legislative Council in the NSW Parliament.

 

Since coming to the Bar Andrew has appeared in a range of criminal matters in the District Court, the Land and Environment Court and the Local Court appearing for defendants in general criminal matters as well as environmental and local government criminal matters.

 

Andrew has prosecuted on behalf of Local Councils in environmental criminal matters and has appeared in civil enforcement and judicial review proceedings for councils in the class 4 jurisdiction of the Land and Environment Court.

 

Andrew appeared for two witnesses at the Independent Commission Against Corruption as part of Operation Spicer and has appeared as Junior Counsel in the Court of Appeal and in the High Court.

 

Andrew’s primary areas of practice are Criminal Law, Administrative Law, Commissions of Inquiry, Local Government/Environmental Law, Local Courts (Criminal & Civil) and professional discipline.

 

Recent Cases

 

Burke v Burke [2015] NSWCA 195 –Court of Appeal of New South Wales

Led by L. Ellison SC

SUCCESSION – family provision – application for provision by estranged son – challenge to factual findings as to cause of estrangement and as to whether son attempted reconciliation – whether, absent callousness or hostility, estrangement is a determinative factor in case of significant financial need –whether reasonable members of the community would have expected deceased to have made provision for estranged son.

Tweed Shire Council v Furlonger [2015] NSWLEC 107 – Land and Environment Court

CIVIL ENFORCEMENT: works carried out to a caravan and associated structures in a caravan park; consent required but not obtained; works also breach specific provisions of the regulations; discretion whether to order removal or rectification; discretion exercised, limited rectification ordered to effect compliance
COSTS: costs ordinarily follow the event; applicant initially seeks specific relief including one order without any factual basis and another which, in its scope, was beyond power; applicant’s case also partly based on a provision in the regulations that does not apply; question of whether costs order should be adjusted; costs order made but discounted by twenty-five per cent
REPRESENTATION: respondent seeks to be represented by her husband as agent; leave required to be so represented; awareness of requirements for representation by an agent; treating agent as if respondent was self-represented appropriate under the circumstances; leave granted.

Abela v Royal New South Wales Canine Council Limited trading as Dogs New South Wales [2015] NSWSC 242 – Supreme Court of New South Wales – Equity Division

VOLUNTARY ASSOCIATIONS – plaintiff challenges the validity of a purported decision of the defendant, a company incorporated by guarantee, to suspend the plaintiff’s membership – plaintiff claims that decision was affected by actual bias – application by plaintiff for interlocutory mandatory injunctions requiring that she be reinstated as a member pending final determination of the dispute – whether balance of convenience favours granting mandatory injunctions – whether there is a justiciable dispute where the defendant’s decision did not affect the plaintiff’s property interests or livelihood – held that: (1) the effect of the decision on the plaintiff’s reputation may give rise to a justiciable issue; (2) there is a serious question to be tried as to the invalidity of the decision because actual bias on the part of any decision-makers may invalidate the decision; and (3) the plaintiff is entitled to mandatory injunctions reinstating her membership subject to conditions

Corporations Act 2001 (Cth)

Gennacker Pty Ltd v Bennett [2015] NSWSC 726 –Supreme Court of New South Wales – Common Law Division

Led by N. Eastman

JUDICIAL REVIEW – determination of CTTT – application to recover possession of caravan site – whether occupancy governed by Holiday Parks (Long-Term Occupation) Act or Residential Parks Act.

Consumer Trader and Tenancy Tribunal Act 2001
Holiday Parks (Long-Term Casual Occupation) Act 2002
Residential Parks Act 1998
Residential Tenancies Act 2010

Zhang v Woodgate and Lane Cove Council [2015] NSWLEC 10

JUDICIAL REVIEW – statutory notice requiring answers to questions – statutory power to give notice only to enable a council to exercise its functions under the Environmental Planning and Assessment Act 1979 (‘EPA Act’) – prosecution for an offence against the EPA Act already commenced against an accused person when notice given – whether statutory power authorised the notice – notice given to a potential witness to enable council to exercise its prosecutorial function in aid of the pending criminal proceedings – prosecutorial function not a function under the EPA Act – notice ultra vires statutory power as not given to enable exercise of function under EPA Act – notice not ultra vires merely because given after a prosecution commenced – notice to potential witness, and not the accused, does not necessarily interfere with administration of justice – whether issue of notice involves a contempt of court – no actual or real risk of interference with administration of justice – no improper advantage to council such as would be contempt of court – whether notice defective – notice not defective in not stating functions of council or that person suspected of having knowledge – notice not defective in identifying authorised person giving notice – notice is defective in not identifying matter in relation to which person required to answer questions – notice declared invalid

Criminal Procedure Act 1986 ss 3(1), 14, 172-174, 246, Div 1 Pt 2 Ch 4
Environmental Planning and Assessment Act 1979 ss 4, 22, 23A, 76A(1)(b), 118A, 118BA, 118N, 121B, 122U, 123, 125(1), 127
Interpretation Act 1987 ss 33, 50(1)(e)
Land and Environment Court Act 1979 s 41
Local Government Act 1993 ss 21, 22, 23, 23A, 220(4), 684, 685, 687, Pt 2 Ch 17
Environmental Planning and Assessment Regulations 2000 cl 284(3)(c)
Land and Environment Court Rules 2007 r 5.3

2014 Independent Commission Against Corruption (ICAC) - Operation Spicer Public Inquiry

Appeared (unled) at the public inquiry for a witness Mr Ross Cadell.

The public inquiry related to an investigation regarding the circumstances of the election campaign in the state electoral district of Newcastle at the 2011 NSW state election

2014 Independent Commission Against Corruption (ICAC) - Operation Spicer Public Inquiry

Appeared (unled) at the public inquiry for a witness Ms McKelligott.

The public inquiry related to an investigation regarding the circumstances of the election campaign in the state electoral district of Newcastle at the 2011 NSW state election.