Lux case: consumer law and unconscionable conduct

In the recent case of Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90 (Lux), the Federal Court provides valuable guidance on the meaning of unconscionable conduct under the Australian Consumer Law. This decision has been hailed as a “significant decision” by ACCC Chairman, Rod Sims, and is likely to have…

PPSA Equipment “Minefield”

PPSA: EQUIPMENT “MINEFIELD” FOR OWNERS/LESSORS Ben McPherson – October 2013 1. What is the PPSA? The Personal Property Securities Act 2009 (Cth) (PPSA), commenced on 30 January 2012. The PPSA establishes a new regime for the creation, priority and enforcement of security interests in personal property. Personal property is broadly defined as any form of…

Fremantle triathlon

Early on Sunday 30 March 2014 Paul, Alex and Ben competed in the 25th annual Skilled Corporate Triathlon in Fremantle.  To avoid pain and injury they chose the path of least resistance – the “tri-it” event (one leg each).  Alex floated his way through the chop, Paul claims he rode solidly and Ben dawdled swiftly to the South Mole and back.  Paul and…

Rebrand

We are proud to announce our rebranding from “Paul Fletcher & Co. Commercial Lawyers” to “Fletcher Law” effective January 2014.  Old logo for posterity:

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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

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