Peter Wittkuhn, Author at McLeods Barristers and Solicitors

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Council and Committee E-meetings State Emergency

Published on 07 April 2020| By Peter Wittkuhn

With the advent of the COVID-19 pandemic, and the implementation of social distancing requirements, amendments to the Local Government (Administration) Regulations 1996 have been made to enable the mayor, president or council of a local government to authorise a...

Commercial law, Governance and administrative law

Rapid Adjudication Of Construction Disputes Under The Construction Contracts Act 2004

Published on 31 July 2019| By Peter Wittkuhn

Introduction Applications for adjudication require a response at breakneck speed, and they are determined extremely rapidly. A local government in receipt of an application for adjudication absolutely cannot afford to delay in responding, as extremely tight...

Property and development

Easement In Gross To Local Government Found To Be Enforceable: Saldanha v City Of Belmont

Published on 26 April 2018| By Peter Wittkuhn

The Western Australian Court of Appeal has held that an easement in gross granted in 1993 under the now-repealed section 33A of the Public Works Act 1902 (WA), was fully enforceable. The owners of the land burdened by the easement (burdened owners) had mounted a...

Updates

A Three-step Test – Not a Two-step Test – for Validity of Planning Conditions: Reid V WAPC

Published on 10 July 2017| By Peter Wittkuhn

In Reid v Western Australian Planning Commission [2016] WASCA 181 the Western Australian Court of Appeal unanimously allowed an appeal against the decisions of the Supreme Court and State Administrative Tribunal (SAT) to uphold certain subdivision conditions. While...

Planning and environment

Structure Plans: injurious affection and compensation

Published on 10 November 2016| By Peter Wittkuhn

Introduction A recent decision of the Western Australian State Administrative Tribunal considered the question of whether structure plans could injuriously affect land and thereby give rise to compensation entitlements on the part of landowners. However the decision...

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Council and Committee E-meetings State Emergency

Rapid Adjudication Of Construction Disputes Under The Construction Contracts Act 2004

Easement In Gross To Local Government Found To Be Enforceable: Saldanha v City Of Belmont

A Three-step Test – Not a Two-step Test – for Validity of Planning Conditions: Reid V WAPC

Structure Plans: injurious affection and compensation

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