ArticleChristmas is not known as the silly season by accident...Article provides some guiding principles of how to deal with the Christmas frivolities and gives examples of some disasters.AustraliaEmployment and HRKott Gunning
ArticleLiability alert: How healthy are your employment and contracting arrangements?Managers should understand potential sources of liability, identify the level of risk and take steps to manage the risk.AustraliaEmployment and HRKott Gunning
ArticleWhen it comes to workers compensation, when is a travelling expense not a travelling expense? The battle of the clausesThe injured worker claimed travelling expenses, but the arbitrator decided that he was not entitled to those expenses.AustraliaEmployment and HRKott Gunning
ArticleMoving with children: The law on relocation and recovery in family law mattersThe paramount consideration in parenting matters, including a change of residence, is the best interests of the child.AustraliaFamily and MatrimonialKott Gunning
ArticleGuard against OHS as well as workers compensationThe machine supplier was found guilty of failing to ensure that the design and construction of the machine was safe.AustraliaEmployment and HRKott Gunning
ArticleStrict penalties for blatant work safety breachA recent case shows the Industrial Court of NSW is willing to impose severe penalties for breaches of safe work methods.AustraliaEmployment and HRKott Gunning
ArticleWhen every year is a leap year – calculating the ‘Termination Day’ for workers compensation claim in Western AustraliaAn extension to her 'termination day' was granted on 3 occasions, but on the 4th was refused by the Director's Delegate.AustraliaEmployment and HRKott Gunning
ArticleRule of forfeiture extended: WA Supreme Court upholds US authority that you cannot indirectly benefit from a criminal actThis WA decision confirmed that a criminal wrongdoer cannot benefit indirectly as a result of the crime they committed.AustraliaFamily and MatrimonialKott Gunning
ArticleCOVID-19 Update: Prosecutions and limitation periodsIt is the date on which the Prosecution Notice is signed that is relevant in determining when a prosecution is commenced.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleParlin v Choiceone Pty Ltd [2012]: contributory negligenceThe labour hire firm would be liable only if the negligence of the company was a material contributing cause of injury.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleWA Strata Titles Act reform updateThe reforms will bring the Act into line with community title schemes and strata title legislation in eastern states.AustraliaReal Estate and ConstructionKott Gunning
ArticlePPS eh? Statutory review of the Personal Property Securities ActThis review will consider the operation of the PPSA, with particular attention to the experiences of small business.AustraliaCorporate/Commercial LawKott Gunning
ArticleDo not delay if you think you have a claim against a deceased estateThis WA decision illustrates what could persuade a Court to extend the time limit for making a family provision claim.AustraliaFamily and MatrimonialKott Gunning
ArticlePermanent changes to the bankruptcy thresholdA recent government media release announced an increase in the minimum dollar threshold for issuing a Bankruptcy Notice.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleCourt authorises the delay in vesting a trust in order to defer tax liabilitiesThis Court application was pursuant to a section of the Qld Trusts Act, identical with s89 of the Trustees Act in WA.AustraliaCorporate/Commercial LawKott Gunning
ArticleAiming at an employee and shooting yourself in the foot – Workplace investigation leads to compensation claimEmployers should perhaps review their relevant discipline policies and contract of employment terms and conditions.AustraliaEmployment and HRKott Gunning
ArticleEconomic growth leads to largest minimum wage jump since 2011Employers who pay their employees the minimum wage or award rates, must implement this wage increase from 1 July 2017.AustraliaEmployment and HRKott Gunning
ArticleSection 61 notices and the WA workers compensation and injury management actWe discuss Mirrabooka/Nollamara Car Transport (appellant) v Rintoul (respondent) [2016].AustraliaEmployment and HRKott Gunning
ArticleSection 61 Notices under the WA WCIMA – an updated guide based on two recent decisionsWhen is a worker deemed to have applied for an order of an Arbitrator?AustraliaEmployment and HRKott Gunning
ArticleService Not Required to trigger an entitlement to leave and the importance of the fine printThis recent mining case again raised the often confusing issue of leave accrual in the case of absence through injury.AustraliaEmployment and HRKott Gunning