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Mobile phones and cancer – the next asbestos?
An Italian decision, subject to appeal, has held that excessive use of a mobile phone caused a benign form of cancer.
Kott Gunning
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Workers compensation WA – Getting your fair share
This article comments on the circumstances in which the entitlement to "reasonable medical and other expenses" are paid.Kott Gunning - Article
Workplace safety – Employers liability – Working from home
An employer was liable for the tragic death of an employee from a domestic violence incident while working from home.Kott Gunning - Article
Addendum to DNA orders in Family Provision Act proceedings in Western Australia
The court delivered an authoritative decision regarding the making of orders for DNA evidence in estate disputes in WA.Kott Gunning - Article
Commencement date for PPSA changes for lease arrangements
The changes aim to reduce the complexity, time and cost for parties entering into commercial hire or lease arrangements.Kott Gunning - Article
Cheat sheet for the WA Parliament Select Committee report into local government in WA
The report recommended a new Local Government Act to be modernised to include a statement of local government functions.Kott Gunning - Article
Local governments to ensure contractors do not exploit workers
The FWO will undertake random audits of local government procurement contracts to ensure compliance with workplace laws.Kott Gunning - Article
Anti-phoenixing reforms are still circling…
Anti-phoenixing legislation was reintroduced into Federal Parliament, after lapsing earlier in 2019 due to the election.Kott Gunning - Article
On yer bike?: insurance cover for cyclists
The cyclist was awarded over $1.6 million damages after being knocked down by another cyclist and then run over by a car.Kott Gunning - Article
Getting your termination notices right – When near enough is not good enough
If the termination notice is defective in any material way then the WA State Administrative Tribunal (SAT) has no power.Kott Gunning - Article
Inactive but not Dead: A Plaintiff’s Entitlement to enter a Case for Trial after it is placed on the Inactive List
A WA court has held that a plaintiff may file an entry for trial even when the case is on the court's inactive list.Kott Gunning - Article
The Cost of a Cup of Coffee: compensation for burns
The facts, issues, needs and competing interests are all considered to reach a fair, balanced and accountable outcome.Kott Gunning - Article
The cost of doing (WorkCover WA) business
The determination applies to the costs of legal practitioners and registered agents for work in WorkCover WA proceedings,.Kott Gunning - Article
Western Australia District Court Rules – Amendments
The District Court Rules 2005 (WA) have been amended with effect from 19 August 2013.Kott Gunning - Article
Workers' Compensation - Appeal to District Court Succeeds
The decision examines the role, functions, powers and framework of arbitrators in the WA workers' compensation scheme.Kott Gunning - Article
YouTube and blogs assist in obtaining conviction for unauthorised motorsport facility
A local council used social media to help prove its case against an unauthorised motorsport facility.Kott Gunning - Article
Can a grouped dwelling unit be split into two and rented separately? No!
If you wish to vary an approved development, you must seek planning approval, to avoid a potential criminal conviction.Kott Gunning - Article
Changes to threshold and rate for foreign resident capital gains withholding payments
This system of withholding payments as part of a property settlement process aims to collect CGT from foreign residents.Kott Gunning - Article
Property law: Squatters lack consent and pay the price
A couple were prosecuted for blocking off a laneway.Kott Gunning - Article
CGT: changes to threshold and rate for foreign resident capital gains withholding payments (May 2017)
Changes essentially impose a higher tax rate and a lower threshold to contracts of sale to foreign residents.Kott Gunning