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 2 – The Psychology of the Non-Compliant Taxpayer

15th January 2019

“His depression did not lift, it simply moved to one side a little” – Mervyn Peake – The Gormenghast Trilogy The woman was a self-employed tradesperson in her late 50’s.  She had always lodged her income tax returns and her quarterly business activity statements and income activity statements.  She had always paid superannuation contribution for... read more

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