Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 28 JUNE 2017

Local government building order overturned on an important technicality

HHG Legal Group
Explore more from HHG Legal Group

WA local governments may be powerless to order rectification or removal of potentially illegal and dangerous structures.

AustraliaReal Estate and Construction
Murray Thornhill
Murray Thornhill
Author LinkedIn connections

A recent Supreme Court decision has cast doubt on Local Governments' power to order rectification of building works carried out prior to 2012.

In Chan v City of Subiaco [2017] WASC 134, the Court reviewed the application of section 178(2) of the Building Act 2011 (WA) (Building Act) and found that Local Governments have no power to order rectification of building works licensed under the previous legislation.

The Court's interpretation of the Building Act may sometimes leave Local Governments powerless to order rectification or removal of potentially illegal and dangerous structures.

The Background

The dispute centred around a 'building licence' (Licence) issued to former tenants of a property in Subiaco under the Local Government (Miscellaneous Provisions) Act 1960 (WA) (LGMP Act).

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Personal Guarantees In Commercial Leases: Risks For Directors

Directors who sign retail leases on behalf of company tenants often provide personal guarantees without fully understanding the scope of their liability. This liability can extend far beyond unpaid rent to include outgoings, interest, make-good costs, and enforcement expenses, persisting even after resignation or business sale. Understanding the distinction between guarantees and indemnities, and knowing when statutory protections may apply, is essential for directors seeking to limit their personal exposur
AustraliaReal Estate and Construction
Stonegate Legal
Stonegate Legal
Article

Project Distress In Queensland: Lessons From The Bathla Collapse

The collapse of the Bathla Group has sent ripples through Australia's construction sector, raising critical questions about financial distress management in major projects. With Queensland delivering an unprecedented infrastructure pipeline amid margin pressures and market uncertainty, are project participants adequately prepared to identify and respond to insolvency warning signs before external administrators arrive?
AustraliaReal Estate and Construction
Holding Redlich
Holding Redlich
Article

Key NSW Security Of Payment Decisions: Monthly Roundup For August 2026

This monthly roundup examines five significant NSW Supreme Court and Court of Appeal decisions from August 2026 that clarify critical aspects of the Building and Construction Industry Security of Payment Act 1999, including payment claim validity, procedural fairness in adjudications, and enforcement of judgment debts. The cases address contentious issues such as the 12-month limitation period for payment claims, the relevance of unpaid judgment debts in security for costs applications, and the scope of sec
AustraliaReal Estate and Construction
Holding Redlich
Holding Redlich
Article

Security Of Payment Still Bites: ACL Claims Won’t Stop Enforcement Of Adjudication Determinations

The Victorian Court of Appeal has reinforced that security of payment legislation creates a separate interim right to payment, confirming parties cannot use Australian Consumer Law claims to prevent enforcement of adjudication determinations. This decision examines whether allegations of misleading conduct regarding project costs and timelines can circumvent the 'pay now, argue later' regime established under Victoria's Building and Construction Industry Security of Payment Act.
AustraliaReal Estate and Construction
Holding Redlich
Holding Redlich
Article

Construction Law in Queensland: Complete Guide

Construction law in Queensland establishes a comprehensive framework governing building contracts, payment rights, dispute resolution, and remedies. The legislation creates rapid adjudication mechanisms and strict compliance requirements that can determine the outcome of disputes within days. Understanding how statutory rules interact with contractual terms is essential for protecting rights and avoiding costly procedural mistakes.
AustraliaReal Estate and Construction
Stonegate Legal
Stonegate Legal
Article

When A Signed Will Is Not Enough: What A Recent Supreme Court Decision Says About Online Estate Planning.

A NSW Supreme Court decision reveals that even a properly signed and professionally drafted Will can fail if the process doesn't adequately establish that the document reflects the testator's true intentions. The case examines the critical distinction between document preparation and comprehensive estate planning, particularly relevant as online Will services become increasingly common.
AustraliaFamily and Matrimonial
HHG Legal Group
HHG Legal Group
Article

Buying Property With Friends Or Family? Why Your Ownership Structure Matters.

Buying property with friends or family can make home ownership more achievable, but it also creates important legal and financial obligations. Before buying, consider whether to own the property as joint tenants or tenants in common, how each person will contribute to costs, what happens if someone wants to sell or can no longer make payments, and how each owner’s interest will be dealt with if they die or want to sell. A co-ownership agreement can document each owner’s rights and responsibilities and establish a process for managing changes or disputes.
AustraliaReal Estate and Construction
HHG Legal Group
HHG Legal Group
Article

When Mining Or Exploration Comes To Your Station

Pastoralists should identify the water and operational assets that matter to the station before activity begins, then ensure any access or commercial agreement clearly deals with monitoring, disruption, rehabilitation, liability and review. The legal position will depend on the mining or exploration licence (as the case may be), the pastoral lease, government policy, approvals and proposed activity, but early preparation gives a family stronger footing in discussions.
AustraliaEnergy and Natural Resources
HHG Legal Group
HHG Legal Group