Project No. 98
Under current legislation in Western Australia, the expression 'injurious affection' is not capable of a single universal definition. The meaning of the expression 'injurious affection' as it affects a land owner must be carefully determined from the provisions of the relevant legislation.
Unlike the Commonwealth, the Parliament of Western Australia is free to legislate to acquire property with or without the payment of compensation. Hence there is considerable scope to amend, introduce plain language and generally reform the law of compensation for injurious affection in Western Australia.
The Commission is to inquire into and report upon whether, and if so in what manner, the principles, practices and procedures pertaining to the issue of compensation for injurious affection to land in Western Australia require reform, and in particular, and without detracting from the generality of this reference:
and to report on the adequacy thereof and on any desirable changes to the existing law and practices in relation thereto.
Last updated: 31-Jan-2017
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