Pursuant to the Liquor Control Act 1988 (WA) the primary and predominant purpose of a restaurant must be the regular supply of meals to customers seated at a dining table (or similar fixed structure). However, restaurants can obtain an extended trading permit to serve liquor without a meal. If the capacity of the premises is less than 120 persons, then the process for obtaining an extended trading permit is relatively

Dubbed the ‘Unfair Contracts Act’, recent changes to legislation finally provides parties to standard form contracts with greater protection. A standard form contract is one that has been prepared by one party to the contract and where the other party has little or no opportunity to negotiate the terms of the contract, effectively it is a ‘take it or leave it’ contract. These changes apply to contracts entered into on

If leasing a hospitality premises, it is critical to get the lease right or your business will suffer. Whilst recent data is showing a slow and stagnant market, one thing remains constant with any business, rent.  Behind staffing costs, rent is one of the largest expenses for any hospitality venue. Therefore, it is critical that the rent payable is sustainable and the other terms and conditions of the lease are

The recent decision upheld by the Western Australian Court of Appeal Blenkinsop v Herbert WASCA 87 (Blenkinsop) outlines the importance of understanding the terms of a discretionary trust deed. More significantly, the case focussed on the nature of the Guardian’s powers and the Court’s jurisdiction to remove the Guardian. 1.     What is a discretionary trust deed? A discretionary trust is a common vehicle for operating businesses as they offer

Whilst distilleries were forgotten in the recent review of the Liquor Control Act 1988 (WA), common sense has finally prevailed with at least one distiller in Western Australia now allowed to sell their spirit sample product with a mixer. Section 55 of the Liquor Control Act covers wine, beer and spirit producers, however, all is not equal with distillers not allowed to sell or supply their own product for on

Social media has become a very effective marketing tool.  However, you do not have to try too hard to find examples of where social media has resulted in poor publicity for a business.  Whilst some say any publicity is good publicity, business operators need to be careful on a number of legal fronts when engaging in social media activities.   Some key issues include: Copyright Law There have been a number

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Apr 2017

STATUTORY WILLS

In Western Australia (WA), recent legislative developments in 2007, have permitted the Supreme Court of Western Australia to make statutory Wills. Under the Wills Act 1970 (WA) the Supreme Court can make a statutory Will for a person who lacks the capacity to make their own Will (an ‘incapable person’). Although WA has more “relaxed” laws in this area compared with other States and Territories, it is surprising there have

Ryan & Durey Solicitors are pleased to announce that David Markovich has joined our team. David is a dispute resolution lawyer and has practised in Western Australia and in England.  David’s litigation work includes: Wills & estates, guardianship & administration, and family provision claims. Some key judicial findings included: D’Unienville v Sakalo   WASC 469 Zuvela v Zuvela WASC 410 Liquor licensing. See for example: Star & Garter Hotel Pty Ltd v

For Probate purposes, when is a missing person presumed to be dead? There is a misconception that, if a person has been missing for 7 years, then that person is presumed to be dead. But an automatic presumption of fact does not arise even if 7 years have passed without any sign of the person in question. In fact, it is possible for a person to be declared dead where

Buildings need to be repaired and maintained otherwise they will deteriorate. Laws also change imposing additional obligations on occupants. We have recently seen Councils and the Licensing Authority imposing additional obligations in order for the building to be compliant for public safety, such as the obligation to install new firefighting water tanks at significant costs due to low water pressure.  However, the question is often asked who is responsible for