ArticleNo change to employer obligations – mutual trust and confidence term struck downThe High Court unanimously held that a term of mutual trust and confidence is not implied into all employment contracts.AustraliaEmployment and HRKott Gunning
ArticleOpening the floodgates: Annual leave loading is payable upon terminationAnnual leave loading is payable on termination, irrespective of any contrary clause in an award or enterprise agreement.AustraliaEmployment and HRKott Gunning
ArticleWork related or not work related? Tragic South Australian fatality in the headlines.Tragic fatality initially considered not work related but later considered work related. .AustraliaEmployment and HRKott Gunning
ArticleWorkers compensation – state of connection revisitedA recent decision involved clarified the law governing jurisdiction in disputes over workers' compensation claims.AustraliaEmployment and HRKott Gunning
ArticleWorkers’ compensation legislative review for Western AustraliaThe discussion paper on the proposed legislative review has started a process that has been anticipated for some time.AustraliaEmployment and HRKott Gunning
Article$25 Million is adequate family provisionThis case has been of significant media interest and the principles will be of relevance to future high value estates.AustraliaFamily and MatrimonialKott 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
ArticleForge PPSR decision yields no surprisesThe failure by General Electric to register on the PPSR has cost them their very expensive generator turbines. AustraliaFinance and BankingKott Gunning
ArticleA mighty relief for insolvency practitioners: Holding DOCAs upheld by WA Court of AppealThe Court rejected an attempt to argue that holding DOCAs were not consistent with the Corporations Act, so were invalid.AustraliaInsolvency/Bankruptcy/Re-StructuringKott 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
ArticleA slip, but not a banana skin – Supermarket damages claim deniedOccupiers of premises open to the public should have regular inspections of areas of risk of slips, trips and falls.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleDolphins, boats, tickets, waves and contractual waivers of liabilityRecreational services providers should consider all waivers of liability in their contracts to ensure proper protection.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleProtecting a party's position by injunction to prevent irreparable harmAn injunction is granted for the purpose of keeping matters in status quo until the rights are determined at trial. AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleSupreme Court of South Australia increases exemplary damages award.SA Supreme Court increases exemplary damages to James Hardie victim who contracted terminal mesothelioma.AustraliaLitigation, Mediation & ArbitrationKott 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
ArticleHow will I get you a loan? Was the townhouse a loan or a gift?There would always be the risk that the Family Court would view the loan as a loan in form only, but in reality a gift.AustraliaTaxKott Gunning
ArticleThe concern with the end of the GST "going concern" concessionsThe Federal Government will be removing the current GST free concession.AustraliaTaxKott Gunning