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  • Article

    Silicosis – a nationwide epidemic?

    Silicosis is an insidious disease, caused by the crystalline silica found in stone bathroom and kitchen benchtops.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    But what about the cows? The importance of a clearly drafted will

    Two co-executors of a will sought directions as to whether 512 cattle were included as "plant and machinery" on a farm.
    AustraliaFamily and Matrimonial
    Kott Gunning
    Kott Gunning
  • Article

    Disputes over superannuation after death

    The case was an example of the difficulty of not having a will or binding death nomination, to deal with superannuation.
    AustraliaFamily and Matrimonial
    Kott Gunning
    Kott Gunning
  • Article

    Marriage of 14 year old held invalid by Family Court of Western Australia

    The husband's application for divorce was ultimately dismissed, as the parties' 25 year long marriage was ruled invalid.
    AustraliaFamily and Matrimonial
    Kott Gunning
    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.
    AustraliaFamily and Matrimonial
    Kott Gunning
    Kott Gunning
  • Article

    Local Government & Probity – Getting Your Contracting Processes Right

    An local government officer needs to be aware of the scope of his or her authority.
    AustraliaGovernment, Public Sector
    Kott Gunning
    Kott Gunning
  • Article

    Recent WA and NSW CTP decisions relating to assessment of liability and contributory negligence

    These recent CTP decisions provide interesting reading and guidance for assessing liability and contributory negligence.
    AustraliaInsurance
    Kott Gunning
    Kott Gunning
  • Article

    Court of Appeal does the hard yards on factual analysis of work-related injury

    The court did lament difficulty in dealing with the technical evidence without any medical explanation or elaboration.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    Slipping standards: the duty of a reasonably prudent employer

    A recent decision of the WA Supreme Court demonstrates the care needed in determining liability in slip and trip cases.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    Dispute Resolution Options in WA Construction Contracts

    When a dispute arises under a WA construction contract, the aggrieved party must stop to seriously consider the options.
    AustraliaReal Estate and Construction
    Kott Gunning
    Kott Gunning
  • Article

    New Rules - Inactive Cases List

    The 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 & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    COVID-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
    Kott Gunning
  • Article

    Changes to laws affecting incorporated associations in Western Australia

    This briefing paper identifies the key areas of change and how the legislative reforms will affect WA associations.
    AustraliaCorporate/Commercial Law
    Kott Gunning
    Kott Gunning
  • Article

    Event 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 Law
    Kott Gunning
    Kott Gunning
  • Article

    Liability of directors for employee entitlements

    A new Bill proposes severe penalties for directors and officers, if the company fails to meet all employee entitlements.
    AustraliaCorporate/Commercial Law
    Kott Gunning
    Kott Gunning
  • Article

    Providing a villa for your own benefit is not land used for a charitable purpose

    Court found that lots in retirement village were not used exclusively for a charitable purpose & hence rates applied.
    AustraliaCorporate/Commercial Law
    Kott Gunning
    Kott Gunning
  • Article

    Be prepared, or be better prepared – costs of arbitration: Insight from Rodgers v Amcor Ltd [2018] WADC 134

    The case involved an appeal from Workcover WA in relation to a costs order made directly against the worker's lawyers.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    High income threshold increases – the effect on unfair dismissal

    An employee will not be protected from the unfair dismissal laws unless they earn less than the high income threshold.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    House 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 HR
    Kott Gunning
    Kott Gunning
  • Article

    Restraint 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 HR
    Kott Gunning
    Kott Gunning

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