
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.
Conducting business as a partnership
A partnership is the relationship which exists between “persons” (see below) who carry on a business in common with a view to profit. In Western Australia, partnerships are governed by the Partnership Act 1895.
I just want to get paid!
Fletcher Law receives a substantial number of enquiries from subcontractors, in the construction industry, about delayed or non-payment for works completed on construction projects.
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.
Caveats
A caveat is a notice recorded on a title to land to protect an interest that affects that title. The caveat forbids registration of any further interests that may affect the interest recorded in the caveat without the consent of the caveator (the person who lodges the caveat).
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.
Impact of New Mandatory Data Breach Notification Laws
Amendments to the Privacy Act 1988 (Cth) (Act) will require the mandatory reporting of “Eligible Data Breaches”. The principal change to the Act is the introduction of mandatory notification requirements in the event of a data breach.
Ceasing to be a sole director
If you are the director of a company in Australia and no longer wish to be in that position, subject to the company’s constitution, you may resign at any time by giving written notice to the company [1]. This resignation is unilateral and need not be accepted by the company to be effective [2].
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.WANT MORE CLARITY AND INSIGHT?
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