Article
Contributory Negligence - Experience counts against Plaintiff in Fall through Roof in Strata Development
The case is relevant to strata managers, but it is more interesting because of the finding of contributory negligence.
Kott Gunning
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Dolphins, boats, tickets, waves and contractual waivers of liability
Recreational services providers should consider all waivers of liability in their contracts to ensure proper protection.Kott Gunning - Article
Personal Injury Claims, Proof of Injury and the Role of Experts
The judgment warned practitioners against a casual assumption of the integrity of the medical evidence before the court.Kott Gunning - Article
Protecting a party's position by injunction to prevent irreparable harm
An injunction is granted for the purpose of keeping matters in status quo until the rights are determined at trial.Kott Gunning - Article
Supreme Court of South Australia increases exemplary damages award.
SA Supreme Court increases exemplary damages to James Hardie victim who contracted terminal mesothelioma.Kott Gunning - Article
When a student is bullied, is their school liable?
Discussion of a recent case involving a bullied student who sought damages against their former school.Kott Gunning - Article
Directors beware - privacy reforms introduced
Companies should review privacy practices and procedures to minimise the risk of data breaches in the private sector.Kott Gunning - Article
WA Court of Appeal confirms retrospective planning approvals are mythical creatures
Retrospective planning approvals, issued after development has commenced, do not retrospectively approve the development.Kott Gunning - Article
Federal budget update – small business entities
Article provides federal budget update in the context of small business entities. .Kott Gunning - Article
How 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.Kott Gunning - Article
The concern with the end of the GST "going concern" concessions
The Federal Government will be removing the current GST free concession.Kott Gunning - Article
Inactive cases in the Magistrates Court of WA – A frenzy of inactivity
The Magistrates Court of WA seems to have "re-activated" cases that were thought to have been dismissed for inactivity.Kott Gunning - Article
Stepchildren family provision claims
Stepchildren are included as a category of applicants who can make application for provision from a deceased's estate.Kott Gunning - Article
Highway Hauliers, final roll - High Court dismisses appeal by insurers
The High Court upheld the trial judge's decision, to the effect that the insured was entitled to indemnity.Kott Gunning - Article
Responsibility to fellow employees
A recent WorkSafe prosecution reminds employees of their responsibility towards fellow employees under the OSH legislation.Kott Gunning - Article
Aluminium Composite Cladding (ACC) – banned by Victorian government in certain circumstances
The ACC ban applies to any application for a building permit for a building in Victoria made after 1 February 2021.Kott Gunning - Article
COVID-19 Commercial Tenancy Law extended for 6 months
WA government has extended the Emergency Period under the CT (COVID-19 Response) Act 2020 (WA) & associated regulations.Kott Gunning - Article
Stepchildren family provision claims in Western Australia
The Family Provision Act 1972 protects stepchildren's rights to apply for provision from a deceased step-parent's estate.Kott Gunning - Article
How far does a party have to go in discovering all forms of electronic communications in court proceedings? (Juwi v DeGrussa)
The message from this decision was don't "say it/write it/send it", if you are not happy for it to be read out in court.Kott Gunning - Article
COVID-19 Commercial tenancy laws in WA extended for 6 months
The existing COVID-19 commercial tenancy laws in WA will continue to apply for those tenants in financial hardship..Kott Gunning
