Contact

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P: 9262 6188 

E: dbaxter@pvlaw.com.au

Introduction

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David is a senior member of Pikes & Verekers' Property and Local Government teams with over 40 years experience.

Throughout his long career, David has advised clients in respect of all aspects of the law applicable to local government and is one of the most experienced legal practitioners in the area of local government property and commercial law. He is considered an expert on roads matters and consults on roads matters to local government and government entities.

David prides himself on the ability to provide concise practical advice in a timely manner. There are few situations which David has not encountered. The benefit of that experience is passed on to David’s clients through his ability to provide quick answers to most property and commercial problems encountered by local government clients. 

David has extensive experience in all aspects of property law including sales and purchases, leasing and licensing, and roads matters. He has also gained extensive experience in licensing law, commercial law and major infrastructure and development projects for local government clients, government departments and private clients. 

David has regularly acted for councils and government departments in proceedings in the Land and Environment Court, Local, District and Supreme Courts and the Court of Appeal. 

David has extensive experience in land acquisition matters and land valuation matters and in the conduct of proceedings in relation to valuation matters in Class 3 of the Land and Environment Court's jurisdiction.

David was a member of the Law Society of NSW Dispute Resolution Planning and Development Sub-Committee from 1998 to 2008 and also served as a member of the Specialist Accreditation Property Law Committee from 2009 to 2012. 

Experience

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  • Acting for Willoughby City Council on the sale of a 99 year lease of land at 1 Reserve Road, Artarmon on which was erected a heritage listed factory premises now comprising a bulky goods retail outlet. 
  • Acting for the plaintiffs in Pedashenko v Blacktown City Council [2000] NSWSC 152 which established that the Council owed a duty of disclosure to the vendors of land in respect of the proposed future zoning of the land. 
  • Acting for Willoughby City Council in all property matters relating to the development of The Concourse (the new public library, concert hall, theatre, retail and public open space development at Victoria Avenue, Chatswood). This included site consolidation, compulsory acquisitions, extinguishment of existing easements and creation of new easements, assisting in the negotiation and drafting of a management agreement and all retail leases of retail space within the development. 
  • Acting for the Minister for Planning in Class 3 (compensation) matters in the Land and Environment Court. On two occasions David has assisted the Minister in convincing the Court the value of land acquired by the Minister was not only less than the compensation sought by the dispossessed landowner but also less than the value determined by the Valuer General. Once such instance was the matter of Halley v Minister Administering the Environmental Planning and Assessment Act 1979 [2010] NSWLEC 6. 
  • Acting for Canterbury City Council in relation to all documentation concerning the redevelopment of the Belmore Sportsground and return to Belmore Sportsground of the Bulldogs Rugby League Club Limited and co-use agreement with the Sydney Olympic Football Club Limited.
  • Acting for Willoughby City Council and other councils in relation to developments involving substantial returns to council of public infrastructure including public car parks and community facilities. 
  • Acting for the Council of the City of Canada Bay in relation to high-rise construction on the Rhodes peninsula and ensuring appropriate returns to the Council by way of voluntary planning agreements for the provision of community facilities.
  • Acting for Burwood Council in relation to advising and conducting on behalf of the Council a review of a calculation of land value by the Valuer General which resulted in the land value being increased by $47,500,000, an increase of 54.28% on the original valulation.

Contact

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P: 9262 6188 

E: dbaxter@pvlaw.com.au

Qualifications

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LLB 1978, University of Sydney 

MDR 1996, University of Technology