Municipal Mysteries of Town Planning Law

“He reached Chesham Square and made diagonally for No. 10 (which was) between two houses, of which one, rationally enough, bore the number 9 and the other was numbered 37: but the fact that this last belonged to Porthill Street was proclaimed by an inscription placed by whatever highly efficient authority is charged with the…

Diary of a Commercial Lawyer Part 2 – The Psychology of the Non-Compliant Taxpayer

“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…

Diary of a Commercial Lawyer Part 1 – The Pitfalls of Oral Contracts

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…

The SAT – reluctant interstate traveller

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…

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. Local Government may impose various types of planning approval…

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