ArticleAustralian Privacy Principles and data breaches – new measures plannedLegislation introduces mandatory data breach notification provisions if serious harm is likely to result from the breach.AustraliaPrivacyKott Gunning
ArticleNew privacy obligations: Are you prepared?New amendments will drastically change how both public bodies and private businesses must deal with personal information.AustraliaPrivacyKott Gunning
ArticleWhen the sky (or ceiling) falls in on you: Greenslad v Hiew [2020] WADC 120Recent case reminds landlords that residential premises must be adequately maintained to avoid potential significant losses.AustraliaReal Estate and ConstructionKott Gunning
ArticleA cautionary note on defending stress claimsIt is very difficult to satisfy the hurdles in s 5(4) of the Workers' Compensation and Injury Management Act 1981 (WA).AustraliaEmployment and HRKott Gunning
ArticleCommercial litigation update – mediate in confidenceIn resolving litigation, most disputes are the subject of mediation. AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleCourt directions for trustees, executors and administratorsThe benefit of seeking directions when in doubt is that the trustee may be protected from beneficiary or creditor claims.AustraliaFamily and MatrimonialKott Gunning
ArticleUseful tools for navigating co-parentingTo share parental responsibility for a child, to spend time with that child, both parents need a degree of co-parenting.AustraliaFamily and MatrimonialKott Gunning
ArticleStatutory Demands: Avoiding the wasted costs and disruption of litigating against insolvent companiesIssing a company company statutory demand may allow creditors to recover assets while avoiding costly litigaion.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleFight Caught on CCTV – Employee 'Set up' but Fairly DismissedIt is only in exceptional circumstances that a decision to dismiss will be 'harsh' where a serious assault has occurred.AustraliaEmployment and HRKott Gunning
ArticleWorkplace accidents – Do you need a lawyer?Businesses should engage lawyers to manage all serious workplace incidents, which include any that need to be reported.AustraliaEmployment and HRKott Gunning
ArticleSeven years too long: time limits for making a claim on an estateThe WA Supreme Court has recently refused a plaintiff's application to extend the time to bring a claim against an estate.AustraliaFamily and MatrimonialKott Gunning
ArticleDignity of risk vs negligence – What is the duty of care of an aged care provider?Aged care organisations would be well advised to develop policies and procedures to manage dignity of risk issues.AustraliaFood, Drugs, Healthcare, Life SciencesKott Gunning
ArticleProbate Caveats – What are they and who do they protect?Explanation and discussion about Probate Caveats.AustraliaFamily and MatrimonialKott Gunning
ArticleAnti-phoenixing laws are finally hereDirectors, and those who advise them, have been waiting for these amendments for some time, and with some trepidation.AustraliaCriminal LawKott Gunning
ArticleCOVID-19 – The first crack in COVID unity? – Paid pandemic leaveGiven the stresses of the pandemic, health unions claim that this period of Unpaid Pandemic Leave should be paid.AustraliaCoronavirus (COVID-19)Kott Gunning
ArticleCOVID-19 – The industrial relations system and response to the pandemic. Will it prove to be enough?These recent changes to awards are designed to battle the COVID-19 outbreak specifically, ending on 30 June 2020.AustraliaCoronavirus (COVID-19)Kott Gunning
ArticleFerry driver terminated for marijuana use – strict compliance with drug policy enforcedThe employee claimed unfair dismissal, but it was a clear policy, which was known, understood and deliberately breached.AustraliaEmployment and HRKott Gunning
ArticleOn the job? High Court provides guidance for workers' compensationThere has to be some connection between the activity in question and encouragement from the employer to undertake it.AustraliaEmployment and HRKott Gunning
ArticleOutfoxed? Workers compensation appealsThis case turns on its facts, but is useful for guidance provided by His Honour as to what constitutes a question of law.AustraliaEmployment and HRKott Gunning
ArticleProcedural fairness in dealing with allegations of bullyingAllegations of bullying are serious, but there is still a need for procedural fairness in the course of an investigation.AustraliaEmployment and HRKott Gunning