December 2016

Aged Care Accommodation Need Not Be Subsidised to be ‘Charitable’
What Can Enable a Local Government to Withhold/Not Issue a Building Permit?
A Two Motorcycle Crash in the WA ICWA CTP Scheme
What Does the Family Court Take Into Account When Determining Property Entitlements?
Costs Order Made Against a Worker by an Arbitrator at WorkCover WA Upheld by WA District Court Judge

We wish you a safe and joyful Christmas and a prosperous New Year.
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Aged Care Accommodation Need Not Be Subsidised to be ‘Charitable’

Philip Mavor
Senior Associate

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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What Can Enable a Local Government to Withhold/Not Issue a Building Permit?

Laurie James AM
Partner

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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A Two Motorcycle Crash in the WA ICWA CTP Scheme

Ashley Crisp
Partner

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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What Does the Family Court Take Into Account When Determining Property Entitlements?

Loretta Carè
Partner

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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Costs Order Made Against a Worker by an Arbitrator at WorkCover WA Upheld by WA District Court Judge

Ashley Crisp
Partner

Henrik Eklund
Senior Associate

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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