Article
Sometimes minesite banter isn't a joke – You could lose your job for it
The result in this case would have probably been different if the employee lacked an unblemished record and remorse.
Kott Gunning
- Article
Sportsbet v Carpanini – another warning about restraint of trade clauses in employment contracts
Restraint of trade clauses can be extremely valuable in protecting employer interests, but only if drafted properly.Kott Gunning - Article
The application by the defendant to dismiss the plaintiff due to an invalid election was considered by the District Court in WA
The defendant challenged the validity of the Director of WorkCover WA to record the plaintiff's election.Kott Gunning - Article
The surprising cost of a piercing noise - Insights from Hooker v Allied Pumps Pty Ltd (No.2) (2018) WADC 129
The plaintiff suffered spinal injuries when he was startled by a loud alarm activating in close proximity to him at work.Kott Gunning - Article
The Weinstein Clause: What is it and is it destined for Australian employers?
Australian employers who are concerned about the risk of employee litigation, should also consider the Weinstein Clause.Kott Gunning - Article
Total Incapacity and the Suitability of Employment
The case of Hannover Life RE of Australasia Ltd v Dargan concerned an employee seeking disablement benefits.Kott Gunning - Article
Work health & safety harmonisation – WA finally gets on board
WA is committed to joining most of Australia in implementing the harmonised Model WHS Act, Regulations & other subsidiary laws.Kott Gunning - Article
Workplace accident – Do you need a lawyer?
Businesses should engage lawyers to assist them to manage all serious workplace incidents and accident investigations.Kott Gunning - Article
Estate planning and capacity: the importance of planning early for the future
If estate planning is left too late, the consequences can be devastating, both for the person and their loved ones.Kott Gunning - Article
Family Provision Legislation in Western Australia - Who can claim
Western Australia is still unsure which stepchildren should be able to claim under Family Provision Legislation.Kott Gunning - Article
Inheritance claims in Western Australia - Stepchildren
The amendments could allow a stepchild of a deceased person to make an application for a provision out of the estate.Kott Gunning - Article
Signing the wrong will - clerical error?
Recent Australian cases have tested the validity of mirror wills where spouses have mistakenly signed the other's will.Kott Gunning - Article
Social media and family law – what to post and what not to post when going through a divorce.
Article warns that your social media posts can be used as evidence in family law proceedings.Kott Gunning - Article
Assistance animals in caravan parks
An "assistance animal" is legally recognised as a medical aid providing an essential function for people with disability.Kott Gunning - Article
NSW Court of Appeal overturns Award of Damages to Morbidly Obese Patient
The patient argued that the GP should have done more to treat his obesity and prevent the development of liver cancer.Kott Gunning - Article
Effect of amalgamation on local government owned land and property leases in Western Australia
The position of a Local Government in relation to its land will depend on the type of amalgamation that has been ordered.Kott Gunning - Article
Alternative options for creditors – Impact of the temporary insolvency and bankruptcy protections under the Coronavirus Economic Response Package Omnibus Act 2020 (Cth)
The temporary protections do not alter a creditor's ability to seek and obtain a Court judgment for the payment of debts.Kott Gunning - Article
WA CTP assessment of damages in motor vehicle crash litigation
We discuss Hurley v Lang [2016] WADC 117.Kott Gunning - Article
Driving into danger: breach of duty of care
if you are providing recreational activities with associated risks, carefully consider a contractual disclaimer as well.Kott Gunning - Article
When has an Employer done enough to satisfy its Duty of Care to avoid Psychiatric Injury to an Employee?
A recent case considered duty of care in relation to psychiatric injury.Kott Gunning
