ArticleYouTube and blogs assist in obtaining conviction for unauthorised motorsport facilityA local council used social media to help prove its case against an unauthorised motorsport facility.AustraliaMedia, Telecoms, IT, EntertainmentKott Gunning
ArticleBuilding Act reform in WA: New certification process to speed up approvalsA new certification process will streamline the approval process and apply to residential and commercial developments. AustraliaReal Estate and ConstructionKott Gunning
ArticleCan 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.AustraliaReal Estate and ConstructionKott Gunning
ArticleChanges to threshold and rate for foreign resident capital gains withholding paymentsThis system of withholding payments as part of a property settlement process aims to collect CGT from foreign residents.AustraliaReal Estate and ConstructionKott Gunning
ArticleNew Bill to Amend the Building Act in Western AustraliaThe article explores a few of the changes to affect the building permit process for WA local governments and applicants.AustraliaReal Estate and ConstructionKott Gunning
ArticleProperty law: Squatters lack consent and pay the priceA couple were prosecuted for blocking off a laneway.AustraliaReal Estate and ConstructionKott Gunning
ArticleCGT: 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.AustraliaTaxKott Gunning
ArticleHunting the Phoenix: The ATO's new powers in respect of director penalty noticesThese powers aim to increase Government's power to collect taxes and to safeguard against fraudulent 'phoenix' activity.AustraliaTaxKott Gunning
ArticlePlanning offences in WA - more time to prosecuteThe Court resolved the issue of the limitation period for prosecuting offences under the Planning and Development Act.AustraliaReal Estate and ConstructionKott Gunning
ArticleThe Australian family law system review: What you need to knowThere may be changes to the WA system after the completion of the Australian Family Law system review in March 2019.AustraliaFamily and MatrimonialKott Gunning
ArticleInjury at work and again while being rehabilitated - compensable injury or not? Reasonableness of treatmentHis appeal was allowed, and the worker was entitled to compensation for the proposed surgery for his second injury.AustraliaEmployment and HRKott Gunning
ArticleThere is no such thing as retrospective planning approval: WA Supreme Court confirmsThe only approval of an unauthorised development is a section 164 approval, and is approved from the date of the grant.AustraliaReal Estate and ConstructionKott Gunning
ArticleUpdate - Extension of insolvency protectionsRegulations confirm the extension of the "temporary insolvency and bankruptcy protections" until 31 December 2020.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleGosper -v- Pilbara Iron Company (Services) Pty Ltd [2021] WADC 47: Workplace injuriesThe case demonstrates the need for employers to make prompt and contemporaneous enquiries into workplace injuries.AustraliaEmployment and HRKott Gunning
ArticleThe family law system review in 2019: What you need to knowThere may be further changes to the WA system after the review into the Australian Family Law system after March 2019.AustraliaFamily and MatrimonialKott Gunning
ArticleWhat is considered property in Family Law and when can I get rid of his or her stuff?In general, no items should be sold, encumbered, damaged or disposed of until family property matters are resolved.AustraliaFamily and MatrimonialKott Gunning
ArticleMortgagees need a vesting orderMortgagees act quickly for a vesting order when a mortgaged property is disclaimed by a trustee in bankruptcy or liquidator. .AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleIs this now the leading decision for section 3C of the WA Motor Vehicle (Third Party Insurance) Act 1943?This case is an excellent analysis of the calculation of damages for non-pecuniary loss under the WA MV (TPI) Act 1943.AustraliaInsuranceKott Gunning
ArticleWA Court of Appeal confirms retrospective planning approvals are mythical creaturesRetrospective planning approvals, issued after development has commenced, do not retrospectively approve the development.AustraliaReal Estate and ConstructionKott Gunning
ArticleFederal budget update – small business entitiesArticle provides federal budget update in the context of small business entities. .AustraliaTaxKott Gunning