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…

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…

To send or not to send

Direct Marketing under Australian Privacy and Spamming Laws Before you hit send on that commercial electronic message (including, amongst others, emails and SMS messages) (“CEM”) you should be aware of the application of Australian privacy and spam laws. Finding electronic addresses online or purchasing a list from a business to business list supplier (“B2B List…

Employers caught by own policies

Businesses, particularly large ones, often develop internal policies concerning the employment of their employees. These policies deal with a wide range of matters including the use of motor vehicles, drugs and alcohol, conflicts of interest, IT and social media, confidentiality and intellectual property, dress codes, bullying, harassment and anti-discrimination, redundancy entitlements and eligibility for share…

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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