Re Magistrate Raelene Natasha Johnston

In the matter of Re Magistrate Raelene Natasha Johnston, the appellant, Ms Wallam, challenged the decision of the first respondent, the learned Magistrate, to terminate her tenancy agreement. The dispute arose from Ms Wallam's involvement in illegal activities facilitated by her partner, Mr Miller, who resided at her social housing property. The Western Australian Residential Tenancies Act 1987 was the primary legal framework for the dispute, particularly Section 75A, which allows for the termination of a tenancy agreement due to unlawful conduct. The court had to determine whether the learned Magistrate correctly assessed Ms Wallam's behaviour and if she could take into account the circumstances that arose after the lodging of the Housing Authority's application for termination.

The primary legal issue was whether the learned Magistrate was correct in law to take into account Ms Wallam's subsequent good behaviour and other factors when deciding whether to terminate the tenancy agreement. The court examined whether the learned Magistrate was bound by the conduct at the time of the application or if she could consider the changes in Ms Wallam's circumstances post-application. Additionally, the court needed to ascertain if the learned Magistrate could consider surrounding circumstances beyond the illegal activities themselves when making the termination decision.

The court concluded that the learned Magistrate was correct in law to consider the change in Ms Wallam's circumstances post-application, including her subsequent good behaviour and care for her children. The court found that the learned Magistrate was not bound by the conduct at the time of the application alone and could consider broader circumstances. The court held that the learned Magistrate's decision to take into account Ms Wallam's subsequent behaviour and the impact of terminating her tenancy on her and her children was appropriate. The appeal was dismissed, and the original decision of the learned Magistrate was upheld.

The court ordered that the stay granted in respect of the learned Magistrate's decision be discharged, effectively allowing the termination of Ms Wallam's tenancy agreement to proceed. However, due to the potential homelessness that could result, the court recommended that the Housing Authority consider alternative measures to ensure Ms Wallam and her children do not become homeless as a result of the termination.