

Election Invalidity – Court of Disputed Returns
In the October 2021 North Ward election for the Shire of Serpentine Jarrahdale, an unusual and extreme set of irregularities occurred, and resulted in a decision by the Court of Disputed Returns to invalidate the election, terminating the appointment of the two successful candidates, and requiring a re-election.


You’re only as good as your best templates – the importance of careful drafting
Local governments not infrequently utilise legal templates for common legal transactions, such as leases or contracts.


Planning regulation of large format LED displays
Testing the limits of what local governments will tolerate for roadside signs, the advertising industry has recently been offering developers the opportunity to establish 85m2 digital LED signs for urban locations on high traffic thoroughfares. .


Responsibilty of local governments to ensure the health and safety of volunteers
The requirement of local governments to ensure the health and safety of volunteers, has been reinforced in the recent conviction of the Camden Council in NSW, under the provisions of the Work Health and Safety Act 2011 (NSW) .


The right of local governments to recover legal costs in proceedings for recovery of unpaid rates
Local governments are given significant power in relation to the recovery of unpaid rates under the Local Government Act 1995 (WA), including the right to recover the costs of rates recovery proceedings under section 6.56 of the Act.


Application of Building and Construction Industry Worker (Restrictions on Access) Directions to local government civil works
Various well-intended publications which circulated within the local government sector in recent weeks indicated that it has been the State government’s consistent intention not to require mandatory vaccinations for local government outdoor workers undertaking civil works.


Reviewing your CEO Employment Contract
Model standards for CEO recruitment, performance and termination took effect earlier this year. One consequence of this is that various terms typically included in CEO employment contracts are now inconsistent with aspects of the CEO Model Standards.


Structure plans and injurious affection claims: Otago Pty Ltd and City of Cockburn
In common with the legal situation in most Australian jurisdictions, Western Australian planning law makes provision for landowners to obtain compensation in some circumstances when their land is subjected to a town planning classification for a public purpose.


Defamation of local government elected members and officers
It is a common belief that defamation cases are most often commenced by high-profile public figures against mainstream media organisations for the publication of false and unsubstantiated material that serves to harm the defamed individual.


The future of technology in Council meetings
In the past few years, many local governments have been keen to explore new technologies to record and facilitate Council and committee meetings using video conferencing technology (such as video streaming and live streaming), to provide greater accessibility and transparency to their residents and ratepayers.