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
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
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
ArticleLocal Government & Probity – Getting Your Contracting Processes RightAn local government officer needs to be aware of the scope of his or her authority. AustraliaGovernment, Public SectorKott 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
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
ArticleDispute Resolution Options in WA Construction ContractsWhen a dispute arises under a WA construction contract, the aggrieved party must stop to seriously consider the options.AustraliaReal Estate and ConstructionKott Gunning
ArticleNew Rules - Inactive Cases ListThe District Court has recently clarified the application of changes to the District Court Rules 2005 to actions that are ‘inactive’ under the former case management regime.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleCOVID-19 – Proposed Residential Tenancies (COVID-19 Response) Bill 2020 (WA)The legislation proposes to minimise the financial COVID-19 impacts on tenants and landlords of residential tenancies.AustraliaCoronavirus (COVID-19)Kott Gunning
ArticleChanges to laws affecting incorporated associations in Western AustraliaThis briefing paper identifies the key areas of change and how the legislative reforms will affect WA associations.AustraliaCorporate/Commercial LawKott Gunning
ArticleEvent law – Who is my customer?The event industry is a fast-paced and exciting industry which requires stakeholders to deal with customers and suppliers.AustraliaCorporate/Commercial LawKott Gunning
ArticleLiability of directors for employee entitlementsA new Bill proposes severe penalties for directors and officers, if the company fails to meet all employee entitlements.AustraliaCorporate/Commercial LawKott Gunning
ArticleProviding a villa for your own benefit is not land used for a charitable purposeCourt found that lots in retirement village were not used exclusively for a charitable purpose & hence rates applied.AustraliaCorporate/Commercial LawKott Gunning
ArticleBe prepared, or be better prepared – costs of arbitration: Insight from Rodgers v Amcor Ltd [2018] WADC 134The case involved an appeal from Workcover WA in relation to a costs order made directly against the worker's lawyers.AustraliaEmployment and HRKott Gunning
ArticleHigh income threshold increases – the effect on unfair dismissalAn employee will not be protected from the unfair dismissal laws unless they earn less than the high income threshold.AustraliaEmployment and HRKott Gunning
ArticleHouse Rules – What are the rules of employment?A former contestant on the Channel 7 TV show "House Rules" won a workers' compensation case, described as an ‘employee'.AustraliaEmployment and HRKott Gunning
ArticleRestraint of Trade Clauses – Pushing the limits?This case highlights that strict restraints of trade can be imposed, with careful legal advice and a balanced approach.AustraliaEmployment and HRKott Gunning