Western Australia (28–30 August 2026)

One state, every court, one brief. Western Australia for the weekend: six Supreme Court decisions, and costs is the theme, led by when a hopeless case earns indemnity costs and why fabrication must be put squarely.

Features.

• Varelis v Rispoli [No 2] [2025] WASC 554 (S) - indemnity costs for groundless contentions; fabrication findings need the allegation squarely put in cross examination. JADE
• Bin Saad v WA Police [2026] WASC 366 - accused's costs after dismissal for want of prosecution; item 6 is reasonableness, not a cap. JADE
• Boston v Ellena Pty Ltd [2026] WASC 363 - oppression injunction refused: advertising is not selling, and an undertaking neutralised the prejudice. JADE
• Re Charitable Trustee a; Ex Parte Charitable Trustee a [2026] WASC 365 - judicial advice for a charitable trustee. JADE
• Wilkinson v WA Police [2026] WASC 364 - appeal grounds. JADE
• Minchin v Director of Public Prosecutions [2026] WASC 362 - sentence appeal. JADE

Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

Transcript

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The Host's desk [00:06]
From JADE OpenLaw, this is The Petal daily brief, the Western Australia edition for the twenty-eighth to the thirtieth of August, one state, every court, one brief. Six decisions from the Supreme Court, and costs is the theme of the weekend. The lead is a costs judgment every trial lawyer should file away, on when a hopeless case earns indemnity costs, and why an allegation of fabrication must be put to the witness before a court will find it. The principles, not the noise, and every citation and link is in your podcast notes. About four minutes. The Practice Desk opens at the taxation of a long war.

Practice & Procedure Desk [00:47]
Varelis against Rispoli, the costs round, before Justice Cobby. Indemnity costs where proceedings are prolonged by groundless contentions, measured by the objective standard, whether a party properly advised should have known the claim was hopeless, assessed without hindsight. The action and the counterclaim are treated separately, and the assessing officer apportions the trial. And the point that travels, a court will not find fabrication or collusion unless the allegation was squarely put to the witnesses in cross examination. The alternative route, a special costs order under the uniform law, is worked through as well. Alongside it, Bin Saad, accused's costs after a charge was dismissed for want of prosecution, the three condition entitlement test applied, and the item six standard is reasonableness in the circumstances, not a fixed maximum, with time sheets annexed to affidavit carrying the quantum on a broad brush assessment.

The Host's desk [01:44]
The Commercial Desk, and the resolution that was not restrained.

Commercial Law Desk [01:53]
Boston against Ellena, an oppression fight over a proposed resolution to advertise company properties for sale. The two limb injunction test applied, prima facie case and balance of convenience, with the oppression principles collected, objective commercial unfairness, lawful conduct may still oppress, the reasonable director standard. But the application failed, advertising is not selling, the defendant's undertaking to require board approval on notice before accepting any offer neutralised the prejudice, and restraining a majority resolution would have handed the minority a veto the constitution never gave them. A judicial advice application for a charitable trustee completes the commercial list, noted with its citation in your notes.

The Host's desk [02:42]
The Criminal Desk, in one breath.

Criminal Law Desk [02:49]
Two matters noted for the record, an appeal grounds ruling and a sentence appeal, each with its citation and link in your notes, and the court of appeal's criminal work for the period sits in our national appellate edition.

The Host's desk [03:02]
Six decisions, one weekend. Western Australia returns when its lists do.

Content Standards [03:12]
The standing disclosure. This program is AI-generated, using the latest combobulation technology, from the published reasons of the courts, and every case we mention is cited, with links, in your podcast notes.

The Host's desk [03:26]
That is Western Australia for the weekend. Travel well, put your allegations squarely, and carry a big stick.