Restrictions on the Principle of Consistency in Decision-making
The principle of consistency in decision making refers to the principle that: in circumstances where the planning framework is identical and the circumstances have not changed...
Abuse of Process: Re-litigation of Previously Determined Matters
Development applications previously refused by local governments may be re-submitted in the form of a new and amended development application...
Significant Reform Local Government Act 1995 Overview
The amendment act introduces significant amendments to the Local Government Act 1995 (Act) which affect the governance of local governments in Western Australia...
Performance Solutions Pool Fencing
ocal governments are increasingly being asked to approve alternative solutions to a Building Code pool barrier requirement under r.51(5) of the Building...
Leasing Traps and Tips Local Government
Local government plays a vital role in the disposal of freehold and Crown land by way of leases to community groups, commercial entities and other persons for commercial...
Avoiding a legal hangover after work Christmas
It is around this time of the year people may start hearing rumours that a workplace may not be able to host a Christmas party where alcohol is served ‘for OSH reasons’...
Enforcement of judgment debts
For local governments, monetary judgment debts (including for payment of outstanding rates and associated costs) may remain outstanding for extended periods, in some instances over several years...
Protection of CEOs from bullying in the workplace under the Occupational Safety and Health Act
While the majority of organisations including local government have improved the process of identification and management of traditional hazards (for example; falls, electric shock and use of machinery), the issue of psychosocial harm has lagged behind...
Grouped Multiple Dwellings Disguised as Single Houses
We are regularly asked to advise local governments on development applications for approval of residential developments which the applicant maintains are a single...
Bias Arising From Participation in Mediation – Sanders & City of South Perth [2019] WASC 226
A recent Supreme Court decision has touched on the question of alleged bias on the part of Council members, arising from participation in a State Administrative Tribunal (SAT) mediation...