ArticleShift work, ordinary hours and the payment of personal leaveRecent decision provides certainty for employers, when calculating the payment of employee leave entitlements.AustraliaEmployment and HRKott Gunning
ArticleSurveillance Insufficient to Justify DismissalAn employer does not have an unfettered right to sit in judgement over its employees on their behaviour outside of work.AustraliaEmployment and HRKott Gunning
ArticleThe new bullying provisions under the Fair Work ActA worker who has been bullied at work can apply to the Fair Work Commission ("the FWC") for an order to stop the bullying.AustraliaEmployment and HRKott Gunning
ArticleWorkers Compensation & Injury Management Amendment (Covid-19 Response) Bill 2020Discussion about Bill that responds to issues arising from COVID-19 & the other matters that it addresses.AustraliaEmployment and HRKott Gunning
ArticleWorrying wildlife at work in WA?The issue for determination was whether or not the worker's injury was sustained during the course of her employment.AustraliaEmployment and HRKott Gunning
ArticleAfter your death, will Big Brother get your house, car, computer and pets?If Western Australians die intestate with no relatives entitled to inherit, the government could end up with the estate.AustraliaFamily and MatrimonialKott Gunning
ArticleDNA orders in Family Provision Act ProceedingsIn family law, DNA testing can resolve paternity issues quickly and effectively.AustraliaFamily and MatrimonialKott Gunning
ArticleProtecting your (farming) property from a relationship breakdown with a Family Trust?A Court will consider all the facts around the trust and the property to determine if it should be in the asset pool.AustraliaFamily and MatrimonialKott Gunning
ArticleThe battle for the ashes: Who will possess them when you dieThe person entitled to receive the ashes is the person who obtained a permit for a cremation, or arranged the funeral.AustraliaFamily and MatrimonialKott Gunning
ArticleWhy you should immediately consult a lawyer on your Family Provision Act (WA) claimA good lawyer would guide you through the most effective approach to the evidence in the context of your circumstances.AustraliaFamily and MatrimonialKott Gunning
ArticlePaved with good retentions: Enforcement, accessions and retention of title clauses under the Personal Property Securities Act 2009 (Cth)Any security interest under a conditional sale (retention of title) agreement must be properly registered on the PPSR.AustraliaFinance and BankingKott Gunning
ArticleThe requirement for certainty and specificity in building orders and direction noticesA Closure Notice was found invalid as it failed to state, with sufficient specificity, what the recipient needed to do.AustraliaGovernment, Public SectorKott Gunning
ArticleWhy Councillors view Compliance Sections as important pillars of the CouncilCompliance Officers perform a vital role for the Council and Councillors to implement and enforce Council decisions.AustraliaGovernment, Public SectorKott Gunning
ArticleLiquidators tax liability: sale of real property and CGTA possible obligation to pay income tax in the future does not trigger a retention obligation for the liquidators.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleDon't play with fire: workplace injury and insurance coverThe employer did not comply with the "reasonable precautions" clause of its policy, so it was not entitled to indemnity.AustraliaInsuranceKott Gunning
ArticleAttorney-General for the State of Victoria v Bahonko: Judge says 'Take it outside'Justice Forrest declared Ms Bahonko a vexatious litigant and restrained her from commencing or continuing proceedings.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleDo not ask me: Properly proofing your client to give evidenceInconsistencies and insufficient detail in a party's evidence can detract from an otherwise straightforward case.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleHold on! Do not enforce the judgment! I have lodged an appeal!Appealing a judgment is not itself a sufficient reason for the court to suspend enforcement of a judgment.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleIs evidence collected illegally always inadmissible?In the event that evidence is unintentionally collected illegally there is a possibility that evidence can be admissible.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleAmendments to the Retirement Villages Act 1992 (WA) have now taken effectThe amendments follow a comprehensive review of the legislation governing retirement villages in Western Australia.AustraliaReal Estate and ConstructionKott Gunning