Erin Kay, Senior Associate

Expertise:

Planning and Environment Appeals, Planning Advice, Development Offences, Magistrates Court Prosecutions, Queensland Civil and Administrative Tribunal proceedings.

Qualifications:

LLB, BJus (Inv & Pol) (Dist), BJus Hon, GradDipLP (Merit), Solicitor of the Supreme Court of Queensland.

Experience:

Erin is a Senior Associate in the firm's Planning & Environment Group and has been practising as a legal practitioner since 2013.

In addition to her law degree, Erin holds a Bachelor of Justice majoring in investigations and policing with distinction, which has been of benefit in her prosecution, enforcement and compliance work with councils.

She worked for the Office of the Director of Public Prosecutions (ODPP) before serving as associate to his Honour Judge Harrison of the District Court of Queensland in Cairns and to his Honour Judge Robin QC of the District and Planning and Environment Courts of Queensland in Brisbane.

“After becoming a Judge’s Associate and leaving the ODPP, my judge once light-heartedly remarked, ‘I took the girl out of the prosecution, but I couldn’t take the prosecution out of the girl’.”

Admitted to practice in March 2011, Erin joined King & Company in February 2013.

Erin’s focus is on planning appeals, prosecutions in the Magistrates Court, other enforcement and compliance matters, and review matters in the Queensland Civil and Administrative Tribunal

Significant recent matters Erin has assisted on include:

• In conjunction with King & Company partner Terry Law, acting for Rockhampton Regional Council in contempt proceedings against an individual carrying out a motor vehicle repair shop use in a residential area in a manner contrary to a previous court order declaring the extent of the historical use.  The firm was successful in establishing the contempt and the individual was sentenced to three months imprisonment suspended after one month.  Costs were also awarded to Council on the indemnity basis.  The individual appealed the decision to the Court of Appeal but was unsuccessful.
• In conjunction with King & Company partner Terry Law, acting for Goondiwindi Regional Council in a prosecution in the Magistrates Court for carrying out assessable development without a development approval in relation to demolishing a shed and constructing a new, larger shed for the purpose of storing and operating helicopters from rural residential premises.  The firm was successful in obtaining a conviction and successfully arguing aggravating circumstances that enabled the court to hand down a global fine of $15,000.00 and costs of $1,183.50, all payable to the Council, as well as an order requiring the offender to obtain approval for the work.
• In conjunction with King & Company partner Terry Law, acting for Maranoa Regional Council in a prosecution in the Magistrates Court for carrying out assessable development without a development approval in relation to the demolition of an asbestos building in Roma in a residential area.  The firm was again successful in obtaining a conviction and was able to argue significant aggravating circumstances, resulting in a global fine of $20,000.00 and costs of $4,920.78, all payable to the Council.
• Acting for Scenic Rim Regional Council in review proceedings in the Queensland Civil and Administrative Tribunal brought by a dog owner seeking an external review of Council’s decision to give a combined dangerous dog declaration and destruction notice.  The proceeding persisted over a number of years and ultimately saw Council successful in:
  • obtaining non-publication orders to prevent the publishing of information on various social media;
  • punishing the individual for contempt of the Tribunal, including interference with witnesses;
  • defending Council decision in the Tribunal, the QCAT Appeal Tribunal and the Court of Appeal and having the dog declared dangerous and destroyed; and
  • defending Council, its witnesses, solicitors of the firm and our Counsel against contempt proceeding brought by the individual in Tribunal and the Court of Appeal.

Erin holds a current practising certificate from the Queensland Law Society and is a member of the Queensland Environmental Law Association (“QELA”).  She was previously a member of QELA’s Regional Intensive Sub-committee.