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Prosecution for illegal native vegetation clearing in Western Australia

By Castledine Gregory • August 3rd, 2017

  A recent decision in the Perth Magistrates Court has demonstrated the importance of ensuring environmental approvals are considered before clearing native vegetation in the state. Following an investigation by the Department of Water and Environmental Regulation (DWER), Magistrate Hawkins fined a Perth company $56,000 and ordered it to pay $6503 in costs for illegalmore…

High Court rules that purchaser of land not entitled to compensation for land injuriously affected by planning scheme

By Castledine Gregory • February 9th, 2017

On 8 February 2017, the High Court ruled on the entitlement of a subsequent owner of land to compensation for the reservation of that land under a planning scheme.  The High Court – in joint decisions in Western Australian Planning Commission v Southregal Pty Ltd and Western Australian Planning Commission v Leith [2017] HCA 7more…

Supreme Court gives guidance on ‘orderly and proper planning’

By Castledine Gregory • October 7th, 2015

A recent decision of the Supreme Court of Western Australia has provided the first judicial discussion in Western Australia of the commonly used planning phrase ‘orderly and proper planning’.   The Court in Marshall v Metropolitan Redevelopment Authority [2015] WASC 226 rejected a challenge against the Metropolitan Redevelopment Authority’s (MRA) approval of a development applicationmore…

Castledine Gregory recognised in Chambers and Doyles Guides

By Castledine Gregory • April 24th, 2015

In 2013, 2014 and 2015, Castledine Gregory was the only Western Australian law firm ranked in the area of ‘Native Title – Traditional Owners’. The Chambers guide is an internationally recognised objective assessment of law firms based on consultations with clients, peers and consultants.   In 2012, 2014 and 2015, Castledine Gregory and its partners,more…

Court rejects PBC standing to remove trustee of native title charitable trust

By Castledine Gregory • September 24th, 2014

The Supreme Court of Western Australia in Ngarluma Aboriginal Corporation RNTBC v the Attorney-General of Western Australia [2014] WASC 245 recently found that the Ngarluma Aboriginal Corporation RNTBC  (the PBC) did not have standing under s 93 of the Trustees Act 1962 (WA) (the Trustees Act) or at common law to seek Court orders formore…

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