Case note: improper planning conditions

In South of Perth Yacht Club (Inc) v Jacob MLA [2016] the Supreme Court of Western Australia quashed the Minister for Environment’s decision to impose a condition upon the Yacht Club requiring it to enter into a new lease, as part of the approval granted by the Minister, for an application to commence development within an area…

Mark Pendlebury

Fletcher Law is extremely pleased to welcome Mark Pendlebury as Principal, Commercial Litigation, from 1 July 2016. Mark joins us from Francis Burt Chambers where he was a Barrister for 13 years.  For over a decade before that he had been a Partner of Clayton Utz. Mark has extensive experience in commercial disputes, providing clear,…

Subscribe to our e-newsletter

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