Ceasing to be a sole director

If you are the director of a company in Australia and no longer wish to be in that position, subject to the company’s constitution, you may resign at any time by giving written notice to the company [1]. This resignation is unilateral and need not be accepted by the company to be effective [2]. But, what…

Creditor Bankruptcy Notices

Have you been involved in Court proceedings where the Court has ordered a person (“Debtor”) to pay you or your business more than $5,000? Has the Debtor failed to pay you despite being ordered by the Court to do so? If the answer to those questions is yes, you may be able to apply to the Court to make them bankrupt. A…

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…

Subscribe to our e-newsletter

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

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