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.

Directors Beware - Personal Liability for Misleading Contractual Promises

28.08.2014

Katrina Welch, Associate

The Australian Consumer Law (ACL) can render directors personally liable for misleading or deceptive conduct engaged in on behalf of a company in commercial transactions. 

A contractual promise will imply representations about the present intent and ability of the company to perform the promise.  It is critical that reasonable grounds can be demonstrated for making these representations, because the potential personal exposure of the director who transacted the deal can otherwise be devastating. 

Effects of amalgamation

22.08.2014

Brenton Oakley, Consultant and Philip Mavor, Senior Associate

Introduction

Local Governments undergoing amalgamation are likely to have active contracts for the supply of goods and services on foot at the date of Commencement of the new Local Government.

The term Commencement in this article means the day of commencement of any amalgamation order made by the Governor on the recommendation of the Minister pursuant to section 2.1 of the Local Government Act 1995 (WA) (the Act).

PPS eh?

22.08.2014

Louis van Aardt, Partner

Background

This is the second of Kott Gunning’s “PPS eh?” updates regarding the statutory review of the Personal Property Securities Act 2009 (Cth) (PPSA or Act).

On 4 April 2014 the Attorney General announced that the Government will undertake a review into the PPSA.  Following a consultation process, the interim report was submitted to the Government on 31 July 2014 and made publicly available on 15 August 2014.   

What ‘Child’ may claim?

31.07.2014

Elise Croft, Partner

There has been discussion in WA regarding the ability of a child to claim against their (alleged) deceased parent’s estate, particularly given the availability of DNA testing. 

Planning Schemes after Council amalgamations

31.07.2014

Anne Wood, Senior Associate

Planning Schemes regulate the use of land within a particular local government’s boundaries (and sometimes may be a different Planning Scheme for a smaller area like a central business district). Therefore, the Planning Scheme is the starting point to work out whether a piece of land can be used for residential or industrial (for example).