Significant penalties for Food Act 2008 offences
The introduction of the Food Act 2008 (Act) resulted in significantly higher maximum penalties for offences relating to the preparation, handling, and sale of food...
Case note – Swan Foreshore Protection Association Incorporation v City of Melville
The Western Australian Supreme Court has upheld the validity of a ground lease entered into by a local government in circumstances where the public notice published for the proposed lease was found not to comply with sections 3.58 and 3.59 of the Local Government Act 1995...
Green Paper on Modernising Western Australia’s Planning System
In May 2018 the State government released a green paper for planning reform entitled ‘Modernising Western Australia’s Planning System’. This is an independent discussion paper...
Practicability in occupational safety and health: a guide for local governments
Within local government and business operations in general, the topic of occupational safety and health (OSH) or work health and safety (WHS) as it known in other Australian jurisdictions, is becoming ubiquitous...
GST on sale of residential property
On 29 March 2018, amendments were made to the Taxation Administration Act 1953 (TA Act) with related minor amendments to the A New Tax System (Goods and Services Tax) Act 1999 (GST Act) aimed at altering the mechanism and process for the collection of GST...
Process contracts and tender invitations
An often-overlooked consequence of tender invitations is exposure to claims for breaches of process contracts. This can be expensive even if a claim does not succeed...
Easement In Gross To Local Government Found To Be Enforceable: Saldanha v City Of Belmont
The Western Australian Court of Appeal has held that an easement in gross granted in 1993 under the now-repealed section 33A of the Public Works Act 1902 (WA), was fully enforceable.
The Defence of Provocation for Dog Attacks
Dog attacks are an unfortunate occurrence that most local governments are required to deal with on a relatively frequent basis...
Rebel Wilson’s Defamation Win (And Loss)
Rebel Wilson’s recent record damages award ($4.5 million plus costs) in her successful claim against magazine publisher Bauer Media has been widely seen as a win against...
Compliant but Unacceptable – the Discretion to Refuse Deemed-to-comply Development
Planning law can be complicated at times, and local planning schemes can have their individual quirks. But dealing with a minor amendment to a development approval...