ArticleIncreased compensation for workplace fatalities on the cards in WAThe Western Australian Government proposes to draft a bill to benefit the dependants of workers who die at work.AustraliaEmployment and HRKott Gunning
ArticleIndustrial disputes and damages litigation in Western AustraliaHis Honour was not able to, or required to, make findings at that time on the question of compensation and jurisdiction.AustraliaEmployment and HRKott Gunning
ArticleNo damages for worker who tripped over boxThis case also confirmed that an employer would not usually be found liable for a risk of which he had no knowledge.AustraliaEmployment and HRKott Gunning
ArticleRedundant? Really? The risks of ignoring proper redundancy procedureThe risks of ignoring a proper redundancy procedure were starkly illustrated in the Federal Court last week.AustraliaEmployment and HRKott Gunning
ArticleSelf-represented plaintiff failed to prove negligence in his claim for common law damages in the WA District CourtThe judge gave a useful and succinct examination of the law relating to an employer's duty of care toward its employees.AustraliaEmployment and HRKott Gunning
ArticleSilicosis – a nationwide epidemic?Silicosis is an insidious disease, caused by the crystalline silica found in stone bathroom and kitchen benchtops.AustraliaEmployment and HRKott Gunning
Article5 common family law myths, misconceptions and inaccuraciesThese myths may be from relying on the internet, friends or family members for information about your family law matters.AustraliaFamily and MatrimonialKott Gunning
ArticleBut what about the cows? The importance of a clearly drafted willTwo co-executors of a will sought directions as to whether 512 cattle were included as "plant and machinery" on a farm.AustraliaFamily and MatrimonialKott Gunning
ArticleDisputes over superannuation after deathThe case was an example of the difficulty of not having a will or binding death nomination, to deal with superannuation.AustraliaFamily and MatrimonialKott Gunning
ArticleFamily Provision Act (WA) claims – When executors are left - holding the babyThis case illustrates an executor's ability to seek a court's direction when in doubt as to the correct course of action.AustraliaFamily and MatrimonialKott Gunning
ArticleMarriage of 14 year old held invalid by Family Court of Western AustraliaThe husband's application for divorce was ultimately dismissed, as the parties' 25 year long marriage was ruled invalid.AustraliaFamily and MatrimonialKott Gunning
ArticleStepchildren family provision claims in Western AustraliaThe Family Provision Act 1972 protects stepchildren's rights to apply for provision from a deceased step-parent's estate.AustraliaFamily and MatrimonialKott Gunning
ArticleRecent WA and NSW CTP decisions relating to assessment of liability and contributory negligenceThese recent CTP decisions provide interesting reading and guidance for assessing liability and contributory negligence.AustraliaInsuranceKott Gunning
ArticleCourt of Appeal does the hard yards on factual analysis of work-related injuryThe court did lament difficulty in dealing with the technical evidence without any medical explanation or elaboration.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleHow 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.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleI won the case, now pay my costs!Costs generally follow the event, so a losing party pays a winning party's costs, but the judge can use his discretion.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleSlipping standards: the duty of a reasonably prudent employerA recent decision of the WA Supreme Court demonstrates the care needed in determining liability in slip and trip cases.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleCOVID-19 Commercial tenancy laws in WA extended for 6 monthsThe existing COVID-19 commercial tenancy laws in WA will continue to apply for those tenants in financial hardship..AustraliaReal Estate and ConstructionKott Gunning
ArticleLandlords and tenants beware, know your occupier liability rights and obligations and ensure you insureRecent case highlights how important it is for landlords and tenants to be appropriately insured.AustraliaReal Estate and ConstructionKott Gunning
ArticleRetrospective approval – "a misnomer"A recent decision indicates that the term "retrospective approval" is inappropriate when referring to planning legislation.AustraliaReal Estate and ConstructionKott Gunning