November 2014

Compensation for Compulsory Acquisition
Lease Dispute Arbitration Award Appeal Denied
Effect of Amalgamation on Local Government Owned Land and Property Leases
On Yer bike?
Liquidators’ Tax Liability
Builder not Liable for Negligence of Contractor
When Is “Late”, “Too Late” to Apply to SAT for a Review?
Sharing the Burden of Catastrophic Injury
Keeping up with New ‘Disability Parking’ Regulations
Compensation for Compulsory Acquisition

Mark Fatharly
Partner

On 27 November 2014 a media statement was issued by the Office of the Premier, the Hon Colin Barnett, and the Office of the Attorney General, the Hon Michael Mischin, …
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Lease Dispute Arbitration Award Appeal Denied

Mark Fatharly
Partner

In a decision of Chief Justice Wayne Martin of the Supreme Court of Western Australia published 30 September 2014, two applications by the tenant of a substantial retail shop seeking leave …
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Effect of Amalgamation on Local Government Owned Land and Property Leases

Brenton Oakley
Consultant

Philip Mavor
Senior Associate

Introduction A question to consider for Local Governments facing the Commencement of an amalgamation is what effect this might have upon land under Local Government control and to any leases …
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On Yer bike?

Stephen Williams
Partner

The case of Franklin v Blick [2014] ACTSC 273 should be enough to send a shudder down the spine of all those lycra-clad cyclist we see on our roads nowadays …
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Liquidators’ Tax Liability

David Miller
Consultant

In 2011 Australian Building Systems Pty Ltd was placed in liquidation.  During the year ending June 2012 the liquidators sold real property in Queensland which resulted in a capital gain …
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Builder not Liable for Negligence of Contractor

Vidal Hockless
Partner

In litigation where controversial decisions are not unusual, the NSW Court of Appeal has helped balance the ledger in its decision on negligence, the scope of the duty of care …
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When Is “Late”, “Too Late” to Apply to SAT for a Review?

Anne Wood
Partner

One of the strengths of the State Administrative Tribunal (SAT) is that is more informal than a Court and therefore has a greater scope to resolve issues rather than simply …
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Sharing the Burden of Catastrophic Injury

Vidal Hockless
Partner

With the objective of overcoming the imbalance between the benefits potentially available to a significant minority of those injured on the roads by reason of the fault of others and …
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Keeping up with New ‘Disability Parking’ Regulations

Philip Mavor
Senior Associate

On 1 December 2014 the Local Government (Parking for People with Disabilities) Regulation 2014 (“Regulations”) will repeal and replace the prior regulations Local Government (Parking for Disabled Persons) Regulation 1988.   …
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