Barry Taylor

Barry Taylor is a Director of Emanate Legal. He has developed a wealth of experience and specialist expertise in relation to corporate and property law, compensation, local government, strategic town planning, environment, native title and major project management. Taylor has been adjudged by his peers "with a quick mind, phenomenal memory and an easy going charm”. He has built a reputation as a great advocate in all facets of commercial and infrastructure law.

Qualifications

• Lawyer, Supreme Court of Queensland
• Lawyer, High Court of Australia
• Lawyer, Supreme Court of Northern Territory
• Lawyer, Supreme Court of New South Wales
• Notary Public
• Queensland Law Society Approved Mediator
• Director, numerous business corporations
• Member, Urban Development Institute of Australia
• High Court of New Zealand

Specific Legal Areas Of Experience And Expertise

From the mid 1970’s to date, Taylor has:

• Practised extensively in major property/commercial related actions/applications for a diverse (private, corporate and governmental) range of clients throughout Queensland, Northern Territory and Papua New Guinea including:
  • commercial leasing (both revenue and expenditure);
  • rural property transactions (cattle, sheep, wheat and sugar cane);
  • tavern, hotel and motel transactions;
  • building units and group title developments;
  • shopping centre/supermarket developments/acquisitions;
  • commercial retail centre developments;
  • harbourside/portside developments;
  • Government developments.
• Practised extensively in planning/environmental related matters for private, corporate and governmental clients including:
  • public, private infrastructure, major project for reclamation of seabed for an area between Jupiters Casino and outer Breakwater, Townsville Harbour Ocean Terminal residential/commercial for Townsville Port Authority.
  • advice concerning development options;
  • advice on Local Government planning issues;
  • numerous preparation and appearances in the Planning and Environment Court Appeals/trials for Appellants and Respondents;
  • representing clients' interests in negotiations with and submissions to Government and regulatory authorities;
  • town planning compliance and enforcement issues, finalising Development Permits for sand quarry/rock quarries in Pioneer Shire  Council - Mackay, Mulgrave Shire Council - Cairns, Thuringowa City Council, Townsville City Council, Burdekin Shire Council, Winton Shire Council, Douglas Shire Council, Redland Shire Council.
• Advised and represented private commercial clients in respect of application for Material Change of Use for Shopping Centers/Commercial Retail Showrooms/Commercial Developments in the local government areas of:
  • Brisbane City Council;
  • Cairns City Council;
  • Gold Coast City Council;
  • Logan City Council;
  • Mackay City Council;
  • Redland Shire Council
  • Thuringowa City Council;
  • Townsville City Council.
• Acted in the investigation of planning and environmental issues in the canal development at Raby Bay involving Redland Shire Council, Queensland Government Coordinator General Department/State Development.
• Acted for developers of multi dwellings and commercial complexes in the local government areas of:
  • Brisbane City Council;
  • Cairns City Council;
  • Douglas Shire Council;
  • Gold Coast City Council;
  • Mackay City Council;
  • Thuringowa City Council;
  • Townsville City Council.
• Represented commercial, residential and tourist property developers including:
  • negotiating and documenting of Strata Title developments;
  • developing and managing construction contracts;
  • developing, negotiating and documenting financing outcome;
  • engaging in contract dispute resolution;
  • advice concerning development options.
• Negotiated and documented commercial agreements for development of Australian businesses and their intellectual property with parties in Japan, United States of America, Papua New Guinea, New Zealand, England and Germany.
• Practised extensively in major/minor corporate, partnership and joint venture actions including:
  • advice concerning corporate restructuring and financial re-organisation;
  • advice concerning liquidations and provisional liquidations;
  • advice concerning corporate takeovers and takeover financing;
  • advice concerning foreign investment and exchange risk transactions;
  • listing of public companies.
• Acted on behalf of Landowners under the Acquisition of Land Act 1967 in relation to:
  • Burdekin Dam Irrigation Scheme
  • Conors River Dam Irrigation Purposes
  • National Park Purposes
• Acted on behalf of Landowners under the State Development and Public Works Organisation Act 1971 (Qld) in relation to:
  • Hancock / GVK Rail Corridor from Galilee Basin to Abbot Point
  • Adani Rail Corridor from Carmichael Mine Project to Abbot Point
  • Townsville State Development Area
  • Stanwell-Gladstone Infrastructure Corridor
• Acted on behalf of Landowners under the Acquisition of Land Act 1967 and the Transport Infrastructure Act 1994 in relation to:
  • Miscellaneous Transport Infrastructure Corridor : Ballera to Mt Isa Gas Pipeline (through Channel Country)
• Acted on behalf of Landowners under the Acquisition of Land Act 1967 and the Transport Planning and Co-ordination Act 1994 in relation to:
  • Taking of land for road purposes
• Acted on behalf of Resuming Authorities under the Acquisition of Land Act 1967 including the Townsville City Council in relation to:
  • Sewerage Plant Land on Magnetic Island;
  • Pump Station at Alligator Creek;
  • Necessary access within Townsville City;
  • Parkland within Townsville City.
• Acted on behalf of Corporate Owners claiming compensation for land resumed under the Transport Infrastructure Act including:
  • Service Station land on Ipswich Road;
  • Energex land on Redland Bay Road;
  • Service Station land on Indooroopilly Road;
  • Commercial and Industrial land on Woolcock Street, Townsville;
  • Commercial and Industrial land on Dalrymple Road, Townsville;
  • Commercial, Industrial and Rural land on the Bruce Highway ranging north to Cairns and south to Mackay.
• Represented graziers and rural landowners in claims for compensation arising out of mining leases in:
  • Winton;
  • Mt Isa;
  • Townsville;
  • Atherton;
  • Bowen;
  • Charters Towers;
  • Stradbroke Island;
  • Mareeba;
  • Hughenden.
• Represented a diverse (private, corporate and governmental) range of clients in numerous negotiations and dispute resolutions involving the following areas of law:
  • Acquisition of Land Act 1967 (Qld), compensation matters Main Roads, Department of Natural Resources and Mines, National Parks, infrastructure corridors, sewerage treatment plants;
  • Transport Act compensation matters;
  • Mineral Resources Act 1989 (Qld), compensation matters;
  • Native Title (Queensland) Act 1993 and Native Title Act 1993 indigenous land use and compensation matters;
  • Environmental Protection Act 1994 (Qld) and the Wet Tropics World Heritage Protection and Management Act 1993 (Qld)
  • Wet Tropics Management Act 1993;
  • Integrated Planning Act 1997 (Qld), compensation matters, lodgment of applications/submissions and negotiations with Local Authorities in relation to applications for material change of use, reconfiguration of lots associated with the development of reclamation and greenfields/vacant sites;
  • contractual dispute matters; and
  • leasing dispute matters.
• Represented a diverse range of clients (both employer and employee private, corporate and government sectors) regarding issues of employment, human resource management and discrimination including:
  • employment contract negotiations;
  • unfair dismissal; and
  • personal management and resource planning.
• Commenced to act for licensees who breached the Rules of Racing in 1982 in appearing before the North Queensland Racing Association Appeals Committee regularly between 1982 and 1994.  During this period Taylor defended many licensees:
  • Jockeys;
  • Apprentice jockeys;
  • Trainers;
  • Owners;
  • Committee members of turf clubs.
• in a various range of breaches of the Rules of Racing.
• Was appointed to the North Queensland Racing Association on 17 June 1994 and became the Chairman of the Appeals Committee on that date and generally remained as Chairman until 2003.
• Was a foundation director of Cowboys Rugby League Football Limited (a football club in with the National Rugby League) and completed all actions required to commence the operation of a national sporting club in North Queensland.
• Was a foundation director of the Townsville Suns – now Townsville Crocodiles (a basketball team with the National Basketball League) and completed all actions required to commence the operation of a national sporting club in North Queensland.
• Represented national sporting entities (the Super League Clubs) and News Limited in the long running and complex litigation (associated with Trade Practices Act 1974, fiduciary duties and intellectual property) surrounding the Super League case necessitating appearances and representation for the Federal Court, Full Federal Court, and High Court of Australia.
• Represented a diverse range of clients regarding issues in accordance with the provisions of the Income Tax Assessment Acts of 1936 and 1997.
• Represented major media (print and electronic) corporations in defence of and restriction of exposure to defamation actions, human resources and intellectual property.
• Practised extensively in the area of health management and private and public hospitals.
• Acted as a Director of and adviser to Government Owned Corporations with regard to the powers of the Government Owned Corporations Act 1993.
• Advised regularly in trade practices, anti trust and Australian Competition and Consumer Commission actions.
• Retained to provide advice and strategy for the largest rural (cattle, land and beast) acquisition in Australia.

Barry Taylor

Taylor has in excess of thirty (30) years legal, corporate, business and development experience.

In 1982, Taylor recognised the opportunities for personal and professional growth offered by Townsville and North Queensland and made it his home and his business base.  Since then he has been involved with, established and/or developed, both as an adviser and stakeholder, the inaugural foundation directorship of Cowboys Rugby League Football Limited, the Townsville Suns (now known as the Townsville Crocodiles), together with a great many of the developments and successes that have assisted in making the City of Townsville what it is today, together with elsewhere in North Queensland.

Taylor founded Suthers Taylor which has since downsized to a specialist firm in commercial/corporate, corporate business/rural acquisition, property, planning and environmental law practice known as Emanate Legal which practices throughout Queensland.

Taylor practices almost exclusively in the commercial law field and his respected legal advice, which is noted for combining common sense and practicality for an outcome with sound technical expertise, has been sought after by many of Townsville’s most significant public and private entities.  The Townsville City Council, Townsville Port Authority, James Cook University, Juniper Development Group, Australian Institute of Marine Science, Lancini Group of Companies, Hughes/Georgina Grazing, Mirvac Group, Parkside Group, City Pacific Group, CEC Group, Rea Group, Koorelah Farms, Pricewaterhousecoopers, Tipalea Feedlot Group, Menegazzo Group, McClymont Group and a host of other NQ contributors to the success of the “Townsville story” have all benefited from the reliability and commercial astuteness of the advice.

Taylor has practiced in major resumption / land injury matters throughout Queensland and Northern Territory including negotiating and documenting a range of compensation agreements on behalf of both landowners and constructing authorities to ensure beneficial outcomes to clients.  High Court Justice Ian Callinan (in Marshall v Department of Transport) determined that compensation is damage and damage is only satisfied by cash.

Taylor has practiced in major planning and environmental, property, corporate and business areas of law throughout Queensland, the Northern Territory and Papua New Guinea including negotiating and documenting a range of international commercial agreements in a number of countries including China, Japan, New Zealand,  Singapore and the United States.

Taylor is a regular and generous benefactor of many local charities and causes, using his own resources (time, money and tireless energy) and a substantial network of friends and colleagues for the betterment of the community through those causes.

Taylor is an influential and respected commentator on many matters relating to the development of Townsville, and directly contributes to these outcomes through his participation in Townsville Enterprise Limited as a former Director and as the former Deputy Chair of Ergon Energy from June 1999 until, resignation in September 2008, he brought a North Queensland perspective to the administration of one of the most significant Government Owned Corporations operating in the regions of Queensland.

Taylor has a range of commercial interests outside of law including construction industry supply company, numerous commercial/retail property developments and an entertainment industry business.

His personal website, where he writes on legal matters from time to time, can be found at https://www.barrytaylor.com.au. He recently wrote about trespass in the wake of vegan activists storming a property in Queensland.

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