Castledine Gregory Law and Mediation

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Tort of misfeasance in public office – lessons from Nyoni v Shire of Kellerberrin

By Castledine Gregory • November 21st, 2017

The Local Government Act 1995 (WA) gives a local government broad powers to do all things necessary or convenient to be done for the good government of its district and to provide services and facilities. However, local governments and officers should be careful that their actions, although well meaning, do not result in the tortmore…

Full Federal Court to decide extent of good faith negotiation obligation

By Castledine Gregory • November 15th, 2017

On 8 December 2017, the Full Federal Court will hear an appeal by the Mount Jowlaenga Polygon #2 claim group from the decision of Barker J of the Federal Court in Charles on behalf of the Mount Jowlaenga Polygon #2 v Sheffield Resources Limited [2017] FCA 1126.   In that decision, Barker J rejected themore…

Contaminated Sites Committee’s role clarified: Caltex Australia Petroleum Pty Ltd v Contaminated Sites Committee [2017] WASC 155

By Castledine Gregory • August 3rd, 2017

A recent Supreme Court decision has provided further clarity regarding the scope of the Contaminated Sites Committees’ statutory role to allocate responsibility for the remediation of contaminated sites.   The Committee is an administrative tribunal that has 2 main statutory functions – it assesses appeals against the classification of a site by the Department ofmore…

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…

No compensation for ‘injurious affection’ for land identified as public open space in structure plan

By Castledine Gregory • May 22nd, 2017

In Scutti v City of Wanneroo [2017] WASC 70, the WA Supreme Court ruled that land identified as ‘public open space’ under a structure plan is not land ‘injuriously affected’ by a planning scheme  and as a result, the landowners are not entitled to compensation under that regime.   Background   The appellants made twomore…