2020-2023

Leading EDO’s Systemic Change Program, Elaine was in charge of developing and implementing the EDO’s legal strategy across Australia and the Pacific, as well as internationally. Under Elaine’s direction, EDO has become a world leader in strategic climate litigation, and Australia is now the second most prolific jurisdiction for climate cases in the world.

Experience:

• Driving the strategic direction of EDO’s Safe Climate, Nature, Corporate Commercial, Defending the Defenders, Legal Education, Policy and Law Reform, and Pasifika Programs

• Developing EDO’s inaugural Corporate Commercial program, which delivers specialist advice and representation to clients interrogating climate-related disclosures in the corporate, commercial, banking and finance sectors

• Designing and filing the world’s first greenwashing litigation challenging net zero claims (Australasian Centre for Corporate Responsibility v Santos Ltd – ongoing in the Federal Court)

• Developing EDO’s inaugural Defending the Defenders Program, utilising constitutional law, human rights and criminal law to protect the rights of environmental defenders

• Developing EDO’s inaugural Pasifika Program, which works with lawyers and communities across the Pacific Islands to support access to environmental justice

• Building relationships with Australian and global funders and philanthropic leads to support national and international legal strategies for a rapid and just transition to a low carbon economy 

• Building and strengthening relationships with colleagues and partners around the world for a collaborative approach to legal strategies for a rapid and just transition to a low carbon economy

2016 – 2020

As Principal Lawyer for the EDO, Elaine managed all litigation and advice work in NSW for a wide range of clients and issues, including mining law, planning and environmental law, public and administrative law, water law, climate change and energy law, culture and heritage law, corporate and consumer law, constitutional law, civil and criminal law, and access to government information.

Experience:

• Acting as the solicitor on record in the Federal Court, Supreme Court, Court of Appeal, Land and Environment Court, Administrative Appeals Tribunal and NSW Civil and Administrative Tribunal

• Working with and briefing a range of leading scientists, counsel and Senior Counsel in the development and conduct of landmark climate, mining and environmental cases

• Conducting community outreach and preparing legal education materials for landholders and communities across NSW on their rights to object to projects, including rights to negotiate access arrangements and seek compensation for mining exploration, development and infrastructure

• Designing and running landmark climate and mining cases as the solicitor on record, including Bushfire Survivors for Climate Action v Environment Protection Authority and Gloucester Resources Pty Ltd v Minister & Groundswell Gloucester (the Rocky Hill case)

• Engaging in policy and law reform at a State and Federal level on all environment and planning laws, including mining legislation

2009 – 2016

Experience:

• Advising and representing clients on a wide range of issues including mining law, planning and environmental law, public and administrative law, water law, climate change and energy law, culture and heritage law, corporate and consumer law, constitutional law, civil and criminal law, and access to government information

• Advising and representing clients in civil and criminal proceedings in multiple jurisdictions, including before the NSW Supreme Court, Court of Appeal, District Court, Land and Environment Court, the Federal Court of Australia, and the Supreme Court of South Australia

• Advising and representing clients in administrative proceedings before the NSW Civil and Administrative Tribunal, the Commonwealth Administrative Appeals Tribunal, and the Australian Human Rights Commission

• Advising and representing clients in the conduct of hundreds of complaints and freedom of information requests against multiple government departments, regulators and independent bodies, including all federal and state environment and water departments, the NSW Resources Regulator, NSW Natural Resources Access Regulator, NSW Department of Mineral Resources, NSW Police, NSW Ombudsman, the NSW Independent Commission Against Corruption, and the Office of the Australian Information Commissioner

• Working with and briefing a range of leading scientists, counsel and Senior Counsel in the development and conduct of landmark climate and environmental cases

• Conducting community outreach and preparing legal education materials for landholders and communities across NSW on their rights to object to projects, including rights to negotiate access arrangements and seek compensation for mining exploration, development and infrastructure

• Engaging in policy and law reform at a State and Federal level on environment and planning laws, including mining legislation

2009 – 2010

Experience:

• Working with Solomon Islands lawyers at the Landowners Advocacy and Legal Support Unit within the Public Solicitor’s Office in Honiara and Gizo on environmental legal matters for landowners in relation to logging and mining, conducting legal awareness training for landowners, contributing to policy and law reform, developing public interest environmental litigation, and establishing and building relationships with clients and stakeholders

• Working with Solomon Islands lawyers at the Public Solicitor’s Office in Honiara on developing procedures and precedents for applications for Constitutional pardons for lifetime inmates

2008

Elaine designed and delivered Environmental Law and Sustainable Development for postgraduate and undergraduate students.

2006 – 2008

Experience:

• Advising and representing corporate and government clients across a range of legal issues, including in relation to civil litigation, construction law, planning, environment and local government, and taxation law.

2005

As Environment Liaison Officer, Elaine acted for peak environmental bodies on all relevant legislation and policy in NSW Parliament, and worked directly with Parliament on proposed amendments and changes to the law, presenting a united voice for combined environment groups on law and policy during sitting weeks.