Involved in an online business – are you aware of your obligations?

Online businesses are subject to a comprehensive legal framework. Key factors that all businesses should consider when selling goods and services online include: Be aware of your consumer law obligations. Broadly, laws which apply to face to face dealings equally apply to online transactions. There are numerous rules which apply to the marketing of your…

Innovation focus results in a win for startups

“Right now in Australia, start-ups and small businesses can’t actively access retail investors due to significant upfront and ongoing compliance costs and red tape” This was the statement made by Small Business Minister Kelly O’Dwyer in announcing proposed changes to rules around equity crowd funding. At present, equity crowd funding in Australia is limited to “wholesale…

Changes impacting foreign buyers

Involved in a transaction involving the sale of property to a foreign buyer? If you are, please note that the days of no cost applications to Australia’s Foreign Investment Review Board (FIRB) are gone.  From 1 December 2015, the following fees apply when seeking FIRB transaction approval: Residential property valued under AUD1 million: fee of…

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Diary of a Commercial Lawyer Part 1 – The Pitfalls of Oral Contracts

7th November 2018

Reflecting on some 35 years of experience as a commercial lawyer, one thing in particular stands out: variety.  The extraordinary scope of the issues presented by clients to resolve. Apart from the fact there is nothing better than variety to keep your daily job interesting, 35 years of variables presented to you to deal with... read more

The SAT – reluctant interstate traveller

7th September 2018

Since its inauguration in 2005, the jurisdiction of the State Administrative Tribunal in Western Australia (SAT) has expanded exponentially to include more than 154 pieces of statutory legislation. The appeal of the SAT as a less complex, more informal, less procedurally stringent and expedited manner of dispute resolution has gained momentum and traction among the... read more

Planning approval conditions – are they valid?

24th August 2018

The recent decision of Deputy President, Judge Parry, of the State Administrative Tribunal in Prosser v City of Bunbury [2018] WASAT 41 reminds us of the importance for developers to scrutinise the planning approval conditions imposed, as one or more of the conditions may be unlawful. Local Government may impose various types of planning approval... read more