Overview It is well established that offences under the Planning and Development Act 2005 (WA) (PDA) can result in substantial penalties being imposed, having regard to the significant maximum penalties and daily penalties that can apply to offences of that kind. ...

Implementation of the Building Act 2011 On 2 April 2012, the Building Act 2011 (Act) came into effect, replacing the previous building regime set out in the Local Government (Miscellaneous Provisions) Act 1960 (LGMP Act).  The commencement of the Act established a...

Since the introduction of the Food Act 2008 (Act), courts have imposed substantial penalties for offences relating to food, with penalties ranging from several thousand dollars to hundreds of thousands of dollars.   Due to the substantial maximum penalties available –...

On 8 December 2021, Mr Gilbert was convicted in the Fremantle Magistrates Court of an offence of parking a vehicle on a footpath, contrary to clause 33(f) of the City of Cockburn Parking and Parking Facility Local Law 2007 (Local Law). Mr Gilbert subsequently appealed...

While there has always been a general understanding that owners of land are generally taken to be responsible for any unlawful development on their land, the position has been less settled in relation to developers, builders, and contractors who carry out development...

On 25 March 2022, Mr Mongol was found guilty in the Fremantle Magistrates Court of the offence of parking a vehicle so that any portion of the vehicle was on or over a footpath, contrary to clause 3.10(e) of the City of Melville Parking Local Law 2016 (Local Law). Mr...