Legal Updates

The information published on this website is of a general nature and should not be construed as legal advice. Whilst we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice.

Can a Forged Document Bind a Company?

31.03.2014

David Miller, Partner

The New South Wales decision of ANZ Bank v Frenmast Pty Ltd [2013] NSWCA 459 concerned an attempt by ANZ to enforce a guarantee purportedly given to it by Frenmast regarding a related company. The guarantee appeared to have been signed by directors Robert and Valdo but Valdo’s signature was a forgery. The initial decision in favour of the company was reversed on appeal.

Inheritance Claims - Stepchildren

31.03.2014

Tahmina Ahsan, Solicitor

The Inheritance (Family and Dependants Provision) Amendment Act 2011 (WA) was introduced in 2013 to allow a stepchild of a deceased person to make an application for a provision out of the deceased's estate in certain circumstances.

A stepchild is defined as being a person who was alive on the date on which the deceased married or entered into a de facto relationship with the natural parent of the stepchild but who is not a natural child of the deceased.

Comcare: A Sign of Things to Come

31.03.2014

Vidal Hockless, Partner

Under the vehicle of the Safety, Rehabilitation and Compensation Legislation Amendment Bill 2014, the Commonwealth Government plans to widen access to the Comcare system for companies doing business interstate.

Until the freeze on access to Comcare by the Rudd government in 2007, a number of national corporations had considered participation in the Comcare scheme to be financially and administratively advantageous.

Planning Offences - More Time to Prosecute

31.03.2014

Anne Wood, Senior Associate

The Supreme Court has recently resolved an issue concerning the limitation period for prosecuting offences under the Planning and Development Act 2005.

In Mocilac v City of Fremantle [2014] WASC 56 (“Mocilac”), in which Kott Gunning appeared for the successful Respondent council the court held that:

Electricity Generation Corporation t/a Verve Energy v Woodside Energy Limited [2014] HCA 7

31.03.2014

Paula Hudson, Articled Clerk

In Western Australia at the time, it was big news. Amazing pictures flashed across our television screens - huge flames leaping into the air, clouds of choking black smoke.This was the result of a gas explosion at a plant North West of WA.

What was obvious, was that this disaster and the consequences that flowed from it, would eventually end up in litigation. What wasn’t obvious, was that the High Court would clarify and reaffirm, amongst other things, the meaning of the term “reasonable endeavours”.