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.Drone Intrusion Part 2: They are watching
By Paul Fletcher.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.Drone Intrusion Part 1: What are my rights?
By Paul Fletcher.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.Issues Associated with Heads of Agreement
A Heads of Agreement (HOA) or Memorandum of Understanding (MOU) is commonly used in business negotiations which have reached a certain point with final documentation pending.Understanding “Without Prejudice” Privilege
Frequently during commercial negotiations, and in an attempt to keep information they are disclosing from being used against them, parties use the phrase “without prejudice”.Fletcher Law’s Guide to Shareholders Agreements
A shareholders’ agreement (SHA) is a contract between some or all of the shareholders of a company. Pursuant to an SHA, shareholders agree to regulate the exercise of some of their rights as shareholders of a company.Case note: improper planning conditions
In South of Perth Yacht Club (Inc) v Jacob MLA [2016] the Supreme Court of Western Australia quashed the Minister for Environment's decision to impose a condition upon the Yacht Club requiring it to enter into a new lease, as part of the approval granted by the Minister, for an application to commence development within an area of riverbed the subject of a lease between the Yacht Club, as lessee, and the Minister for Transport, as lessor (the Lease).WANT MORE CLARITY AND INSIGHT?
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