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Governance and administrative law, Updates

Voting with an impartiality interest

Published on 28 August 2020| By Neil Douglas

If a Council member has an interest affecting their impartiality in a matter before the Council, should the Council member participate and vote on the matter?Department’s view The Department’s recent (December 2019) Operational Guidelines have a simple answer –‘With...

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...

Governance and administrative law

Case note – Swan Foreshore Protection Association Incorporation v City of Melville

Published on 30 August 2018| By Jennifer Long

The Western Australian Supreme Court has upheld the validity of a ground lease entered into by a local government in circumstances where the public notice published for the proposed lease was found not to comply with sections 3.58 and 3.59 of the Local Government Act...

Commercial law, Governance and administrative law

Process contracts and tender invitations

Published on 14 June 2018| By Elisabeth Stevenson

An often-overlooked consequence of tender invitations is exposure to claims for breaches of process contracts. This can be expensive even if a claim does not succeed. What is a process contract? Process contracts are based on tender documents making...

Commercial law, Governance and administrative law

Rebel Wilson’s Defamation Win (And Loss)

Published on 07 March 2018| By Neil Douglas

Rebel Wilson’s recent record damages award ($4.5 million plus costs) in her successful claim against magazine publisher Bauer Media has been widely seen as a win against the publication of false or unsubstantiated material that harms an individual’s reputation. ...

Governance and administrative law

Plastic Bag Reduction through Local Laws

Published on 03 November 2017| By David Nicholson

Momentum has been slowly building regarding a ban on plastic bags. It’s been legislated already in the Northern Territory, ACT, South Australia and Tasmania. Channel 10’s show ‘The Project’ recently gave the issue a mainstream platform, calling for the remaining...

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Voting with an impartiality interest

Rapid Adjudication Of Construction Disputes Under The Construction Contracts Act 2004

Case note – Swan Foreshore Protection Association Incorporation v City of Melville

Process contracts and tender invitations

Rebel Wilson’s Defamation Win (And Loss)

Plastic Bag Reduction through Local Laws

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