NEWS & INSIGHTS
NEWS & INSIGHTS
Pre-action discovery – Raindale Holdings
The recent case of Raindale Holdings Pty Ltd v Sigma Power Services Pty Ltd [2025] WASC 260 (Raindale) has reiterated the applicable principles of making an application for pre action discovery.
Opportunities for Offshore Wind
Offshore wind projects present significant opportunities to decarbonise and boost Australia’s economy. Federal and State governments have been laying regulatory foundations, declaring six offshore wind areas across four states. The recent Winds of Opportunity report from the Clean Energy Council estimates these areas represent potential capacity of 67.4GW of wind generation capacity, and that delivering just 20GW could boost Australia’s economy by up to $15.2 billion.
McLeod Fisher & Hamdorf attend D&A Aus 2025
On 10 and 11 June, our directors, Jess Hamdorf and Connor Fisher attended Australia’s leading decommissioning conference, D&A Aus 2025, at Crown Perth. Key operators, regulators and service providers gathered to consider challenges regarding decommissioning.
Environmental and Planning Approvals Symposium
2024 has seen significant reforms to both environmental and planning approval systems. On 11 October, McLeod Fisher & Hamdorf, in conjunction with Murdoch University, hosted a symposium, centered around environment and planning approvals during these times of change.
Planning Prosecution for Land Clearing
The overlap between planning and environmental laws was displayed in a recent Magistrates Court proceeding with one of our clients. The Shire of Augusta Margaret River (Shire) prosecuted two parties for carrying out unlawful development under the Planning and Development Act 2005 (WA) (PD Act).
Metropolitan Region Scheme Amendment Bill announcement
The Planning and Development Amendment (Metropolitan Region Scheme) Bill 2024 (Amendment Bill) was recently introduced into Parliament.
Injunction relief for client in Supreme Court
A recent decision of Justice Strk in The Owners of Smiths Beach Resort Strata Plan 49006 v Hadley [2004] WASC 137 provides a useful example of the Court’s ability to issue orders compelling a party to undertake a certain act, within a very short timeframe.
“Significant Development” amendment to Planning & Development Act.
The recently passed Planning and Development Amendment Act 2023 (Amendment Act) introduces a new system for development approval of ‘significant development’. These provisions are anticipated to come into force on 1 March 2024.
Welcome to the team, Chris Harold.
McLeod Fisher & Hamdorf is delighted to welcome Chris Harold to the team.
Supreme Court Ruling on Industrial Emissions: Key Decision on Odour Pollution and Local Amenity
This recent Surpreme Court decision highlights the importance of protecting individual amenity and sets a clearer benchmark for future cases involving industrial emissions and their impact on local communities.
Are WA’s Law in Good Shape? Presenting the Environmental Impact Assessment in WA
We presented at the Law Society’s Word Environment Day CPD Seminar: Are WA’s Law in Good Shape?’ on the legal framework of the Environmental Impact Assessment (EIA) in Western Australia. Here is a summary of the assessment.
Courts place limits on the power of Local Government bodies
At a time when the State is centralising and, in some respects, relaxing planning laws, a recent Supreme Court decision is an important reminder that the courts will place limits on the power of decision making bodies.
Diversification leases introduced by the Land and Public Works Legislation Act 2023.
The Amendment Act provides a range of changes to the Land Administration Act 1997 that are aimed at modernising and streamlining land tenure arrangements on Crown land. A key change from the Amendment Act is the introduction of a “diversification lease.”
Shell vs Jalla raises “Nuisance” and environmental damage issues.
A recent decision from the United Kingdom Supreme Court has brought nuisance as a cause of action for environmental damage into the spotlight. In Jalla v Shell International Trading and Shipping Company, ongoing environmental damage from an oil spill off the coast of Nigeria was not held to be an “ongoing nuisance”.