A key element of the reforms to the planning system commenced in WA more than a decade and a half ago was to ‘streamline and clarify existing provisions and processes to improve the efficiency of the approvals process’.[1] The introduction of the model...

The issue The decision of the majority in the Court of Appeal in the case City of Gosnells v Reid[1] is significant as to the question whether it is open to a local government in WA to undertake a public work without first obtaining planning approval, by relying on...

Announcing the retirement of Denis McLeod AM Dear Colleagues, It is both a moment of reflection and celebration as we announce the forthcoming retirement of Denis McLeod AM, founding partner of McLeods Lawyers, effective 31 December 2025. Denis retires after more than...

It is well established that a common law duty of care may apply to governmental and local government decision makers in certain circumstances. The nature and scope of such a duty has become a topical issue given the increase in legal challenges to the validity of...

For most single houses in Western Australia, the exercise of discretions under the Residential Design Codes (R-Codes) has become vested in local government CEOs or officers authorised by CEOs, to the exclusion of elected Councils.  This is what the recently-enacted...

The Building and Construction Industry (Security Payment) Act 2021 (BCISoP Act), which commenced on 1 August 2022, is now an entrenched part of the legal landscape regulating the Western Australian building and construction industry. Local governments, as principals...