Drone Intrusion Part 1: What are my rights?

By Paul Fletcher. I was recently staying down south at a friend’s secluded property – delightful solitude from all urban traffic and other noise. The loudest sounds were the tumbling notes of happy birds and the scratching of chooks in the garden. The nearest neighbour was safely out of eye sight and earshot. The most…

Unfair Contract Terms and the Protection of Small Businesses

The current unfair contract terms regime applies to standard form “consumer contracts”. It is being extended in November 2016 to also cover standard form “small business contracts”. The regime exists under the Australian Consumer Law contained in schedule 2 to the Competition and Consumer Act 2010 (Cth) (“ACL”) and the Australian Securities and Investments Commission Act 2001 (Cth)….

Proposed changes to Construction Contracts Act

On Thursday, 22 September 2016, the Construction Contracts Amendment Bill 2016 (WA) (the Bill) was introduced into Parliament. The changes to the Construction Contracts Act 2004 (WA) have been proposed following an independent statutory review of the Act. The proposed amendments, amongst other things, seek to improve security of payment for subcontractors and make the…

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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