Municipal Mysteries of Town Planning Law

The concept of the planned use of land was first given statutory recognition in the British Housing and Town Planning Act of 1909. Up until then a landowner had complete freedom to develop their land however they pleased, subject only to compliance with health and building acts and bylaws and the common law of nuisance.

Planning approval conditions – are they valid?

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.

To send or not to send

Direct Marketing under Australian Privacy and Spamming Laws

Employers caught by own policies

Businesses, particularly large ones, often develop internal policies concerning the employment of their employees.

Online Defamation – Be Careful of What You Post!

Over the past decade or so there has been a sharp increase in the use of social media by both individuals and businesses. Social media can be a useful promotional tool.

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.

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.

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.

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".

Proposed changes to Construction Contracts Act

On Thursday, 22 September 2016, the Construction Contracts Amendment Bill 2016 (WA) (the Bill) was introduced into Parliament.