Case note: compensation for land injuriously affected by a planning scheme

The recent High Court decision in Western Australian Planning Commission v Southregal Pty Ltd; Western Australian Planning Commission v Leith [2017] HCA 7 has emphasised the importance for both landowners and purchasers to undertake their due diligence prior to the acquisition or sale of land. Four of the five justices of the High Court held…

Drone Intrusion Part 2: They are watching

By Paul Fletcher. Part 1 dealt with the tort of trespass and asked “does hovering a drone 30 metres above private property, with the drone equipped with a camera being used to observe/record persons on the land below, involve a breach of an individual’s right to privacy?”. The issues include: What, in Australia, is the…

Risks of contracting with minors in the online world

For an enforceable contract to exist both parties to the contract must have “capacity”. This will generally depend on an objective legal test of capacity, rather than the subjective intention of the parties. Companies invalidly entering into digital contracts with “minors” is an increasing problem, for example via “accepting” standard terms and conditions to purchase…

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)….

Subscribe to our e-newsletter

Riaan Piek

26th March 2018

Introducing Riaan Piek, Litigation Counsel, who recently joined the firm to bolster Fletcher Law’s expanding litigation capacity with his 20 years’ experience as a lawyer advising on risk and the prevention, minimisation, control, balance and management of its consequences. Whilst Riaan has been a commercial litigator for most of his professional life, he has a... read more

Conducting business as a partnership

23rd March 2018

What is a partnership? A partnership is the relationship which exists between “persons” (see below) who carry on a business in common with a view to profit. In Western Australia, partnerships are governed by the Partnership Act 1895. There are two types of partnerships, “general” and “limited”. A general partnership is one in which all... read more

I just want to get paid!

20th March 2018

Fletcher Law receives a substantial number of enquiries from subcontractors, in the construction industry, about delayed or non-payment for works completed on construction projects. This is at a time when news about construction companies running into financial problems, leaving unpaid subcontractors in precarious positions, is all too common. The delayed payment or non-payment of accounts... read more