Local governments should consider the RAAFA decision when considering an application for a rate exemption under s.6.26(2)(g) for not-for-profit aged care or retirement villages. The fact that entry fees and ongoing fees are charged for the accommodation and services does not mean that the use does not constitute a charitable purpose.
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Section 20 of the Building Act 2011 appears to give the local government no discretion at all. Under Section 20(1) of the Act, a local government must grant a building …
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ALGERI v PENNINGTON [2016] WA District Court – Judgment delivered 6 April 2016

The matter of ALGERI v PENNINGTON involves unusual circumstances, in that two motorcycles collided and both riders were seriously injured. At the conclusion of the judgment his Honour found for the plaintiff with a 20% reduction for contributory negligence and found for the defendant on his counter claim but reduced his damages to be awarded by 80% “…on account of his contributory negligence.”

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In deciding how the net asset pool should be distributed, the court considers the following: The net value of property owned by the parties (usually at the date of the …
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In this recent decision District Court Judge Stone refused an appeal from the decision of a WorkCover WA Arbitrator ordering the worker pay the employer’s costs following the worker’s application …
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