Areas of practice     
Local Government/Environmental Law
Liquor Licensing
Equity
Property
Wills and Probate
Native Title

Date of admission as a barrister     
1979

Contact                    
+612 9223 3883
jfkildea@5wentworth.com

Education
Jeff Kildea attended the University of Sydney, where he completed a BA in 1971, a LLB in 1974 and then a LLM in 1979. Mr Kildea has also studied at the University of New South Wales, where he was awarded a MA (History) in 1995, and a Ph D in 2001.

Professional Career
Mr Kildea was admitted as a solicitor in 1974, and has worked as a barrister since his admission to the Bar in 1979. Mr Kildea has also taught Irish and Australian history at the University of New South Wales and the Centre for Continuing Education at the University of Sydney.

Reported Cases
Mr Kildea appeared in Port Stephens Council v Jeffrey Sansom [2007] NSWCA 299 (25 October 2007), which concerned the interpretation of “fair and reasonable” in the Land and Environment Court Rules. The case is reported at (2007) 156 LGERA 125.

Mr Kildea also appeared in the case of Maitland City Council v Anambah Homes Pty Limited [2005] NSWCA 455 (16 December 2005). This appeal case canvassed the application of the Hickman principles to privative provisions, expanding the scope of the “inviolable restraint” exception. This case is reported at (2005) 64 NSWLR 695; (2005) 147 LGERA 234.

Furthermore, Mr Kildea appeared in Zhang v Long [2007] NSWLEC 632; which concerned the application of the Trees (Disputes Between Neighbours) Act 2006. This case established principles in relation to the granting of compensation as an alternative to ordering rectification, the apportionment of liability where multiple causes of damage are active, and to contributions resulting from an applicant’s inaction.

Publications
Mr Kildea is the editor of the Law Book Co.’s Land and Environment Court Law & Practice, and has written articles for the Local Government Law Journal regarding the local government and liquor licensing laws. He also wrote a review of the Report of the Land and Environment Court Working Party in November 2001. In his work on native title, Mr Kildea has written a review of a book on the commercial implications of native title. Mr Kildea has also published several books and articles on Australian and Irish history.