Inconsistency between Parking Local Laws and Road Traffic Code
This case is important for local government in Western Australia as it confirms the ability of local government to create, and enforce, parking local laws notwithstanding the operation of the Road Traffic Code.
Criminal liability for development carried out by contractors
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 land owned by other parties.
Statutory Review of the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA)
The Commercial Tenancy (Retail Shops) Agreement Act 1985 (WA) (CT Act) is currently under review. The State has issued a consultation paper, and the closing period for submissions has recently closed.
Implications of the High Court’s decision in Fairfax Media Publications Pty Ltd v Voller
The issue of defamation is becoming increasingly prominent in a local government context. Given the burgeoning social media landscape, it is becoming ever easier for members of the public to post defamatory material on social media platforms, such as Facebook and Twitter.
Defences and costs in local government parking prosecutions
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.
CEO Performance Review Standards
Aspects of the performance review process, including who the reviewer is to be, must now be agreed by the CEO and the Council – not determined by the Council – and must be consistent with the Model Standards.
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) .