Compensation for injurious affection
 


Project No. 98

Commenced: 2005
Project is current

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.