Ben’s challenge

Fletcher Law Associate, Ben McPherson, along with a number of other Australian (or in this case Kiwi) men, including some at least mid-grade celebrities, has signed up for the Man Challenge. The Man Challenge is a 10 week online health and fitness program for men who need some gentle guidance and motivation to fit in…

Landlords beware! Lease security deposit and the PPSA

Property leases commonly include provisions that require the tenant to provide some form of security deposit or bond (Security Deposit).  The Security Deposit (being “personal property” under the under the Personal Property Securities Act 2009 (Cth) (PPSA)) is used to secure performance of the tenant’s obligations under the lease. This creates a “security interest” for…

Changes to laws governing incorporated associations

Western Australian incorporated associations will be subject to new laws from 1 July 2016. The new laws aim to provide incorporated associations with a clearer framework in which to operate. A notable change will be the introduction of a three tier structure for annual reporting and assurance obligations based on the size of the incorporated…

New protection for small business when dealing with “The Big End of Town”

Small businesses can be particularly exposed to unfair contractual terms when dealing with the big end of town. New laws offering protection to small businesses against unfair contract terms will come into force on 12 November 2016. The proposed laws will deem unfair contractual terms to be void if, at the time of entering into a “standard…

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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