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Dan Morris Legal | Australia, United Kingdom | 29 May 2023
The same WA Judge takes a more orthodox approach to judicial review in Kalgoorlie-Boulder
The reasoning and outcome in Hockley may seem curious when contrasted with Kalgoorlie - Boulder,delivered by the same Judge at about the same time…
Dan Morris Legal | Australia | 29 May 2023
The “right to be wrong” is affirmed in WA
The answer lies most clearly Edelman J.'s observations in Probuild Constructions (Aust) Pty Ltd v Shade Systems Pty Ltd & Anor [2018] HCA 4, at [108]…
Dan Morris Legal | Australia | 29 May 2023
WA adjudicators have always had a “right to be wrong”
Indeed, in the past, Judges have expressed even more Liberal views on how to treat jurisdictional facts and the evidence relating to them, and it may…
Dan Morris Legal | Australia | 29 May 2023
Conclusion: as in the East, adjudicators in the West are expected to retain their “right to be wrong”
In the final analysis, whether, under the new WA regime, jurisdictional facts are ultimately treated as questions of objective fact, with objectively…
Dan Morris Legal | Australia | 29 May 2023
WA’s Supreme Court affirms the “right to be wrong” in Hockley
The most recent judicial pronouncement on civil and construction contractors' security of payment appears in a decision of Solomon J: Oasis Newman…
Herbert Smith Freehills LLP | Australia | 12 May 2023
Environmental law enforcement in WA is on the uptick
The Perth Magistrates Court recently found gold miner Bellevue Gold Limited (Bellevue) liable for two environmental offences relating to a…
Clayton Utz | Australia | 26 Apr 2023
Environment and Sustainable Development 5 Minute Fix 37: Climate change
On 29 March 2023, the General Assembly adopted by consensus a resolution requesting that the International Court of Justice hand down an Advisory…
Clayton Utz | Australia | 17 Apr 2023
Guidelines for WA's new Aboriginal Cultural Heritage framework released
Whether you have a project in the pipeline, or already have approvals, the new Aboriginal Cultural Heritage framework and Guidelines will affect you…
Herbert Smith Freehills LLP | Australia | 14 Apr 2023
Final supporting documents for the Aboriginal Cultural Heritage Act 2021 (WA) published
The Department of Planning, Lands and Heritage (DPLH) has now released final versions of a number of key guidelines designed to support Western…
Herbert Smith Freehills LLP | Australia | 6 Apr 2023
Finalised Environmental Factor Guideline - Greenhouse Gas Emissions released
Following a public consultation period, the Environmental Protection Authority (EPA) has finalised its greenhouse gas assessment guidance and has…
