Mr Emrys Nekvapil SC
Victorian Bar

Emrys practices in all jurisdictions, at trial and appellate level, and throughout Australia.

He is a member of Koiki Mabo Chambers in Melbourne, 8 Petrie Terrace in Brisbane, and William Forster Chambers in Darwin.

Relevantly to his topic for this Conference, Emrys has appeared in significant climate change litigation, including:

  • Judicial review of Commonwealth Environment Minister decision to approve Carmichael Coal Mine: first instance, ACF v Minister for the Environment (2016) 251 FCR 308; and on appeal, (2017) 251 FCR 359;
  • Judicial review of Queensland Land Court decision to recommend approval of Alpha Coal Mine, special leave application: CCAQ v Smith [2017] HCATrans 74;
  • Judicial review of Victorian Planning Minister decision to permit Golden Plains Wind Farm, first instance and appeal: first instance, Cumming v Minister for Planning [2019] VSC 811; and on appeal, (2020) 245 LGERA 164;
  • Objection to Galilee Coal Project, including on grounds under the Human Rights Act 2019 (Qld): strike-out application re human rights grounds, Waratah Coal Pty Ltd v Youth Verdict Ltd [2020] QLC 33; substantive recommendation, [2022] QLC 21;
  • Negligence claim concerning apprehended Commonwealth Environment Minister decision to approve Vickery Extension Project: first instance, Sharma v Minister for the Environment (2021) 391 ALR 1; and on appeal, (2022) 291 FCR 311;
  • Judicial review of Commonwealth Environment Minister decision to not reconsider controlled action decisions about proposed Mount Pleasant Optimisation Project and Narrabri Underground Mine Stage 3 Extension Project: first instance, Environment Council of Central Queensland Inc v Minister for the Environment and Water (No 2) [2023] FCA 1208; appeal filed November 2023;
  • Judicial review of NT Environment Minister decision to approve Environment Management Plan for Amungee NW Delineation Program Exploration Permit 98: separate questions heard before Grant CJ, NTSC, 7 and 8 November 2023, judgment reserved.