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  • Article

    Australian Privacy Principles and data breaches – new measures planned

    Legislation introduces mandatory data breach notification provisions if serious harm is likely to result from the breach.
    AustraliaPrivacy
    Kott Gunning
    Kott Gunning
  • Article

    New privacy obligations: Are you prepared?

    New amendments will drastically change how both public bodies and private businesses must deal with personal information.
    AustraliaPrivacy
    Kott Gunning
    Kott Gunning
  • Article

    When the sky (or ceiling) falls in on you: Greenslad v Hiew [2020] WADC 120

    Recent case reminds landlords that residential premises must be adequately maintained to avoid potential significant losses.
    AustraliaReal Estate and Construction
    Kott Gunning
    Kott Gunning
  • Article

    A cautionary note on defending stress claims

    It is very difficult to satisfy the hurdles in s 5(4) of the Workers' Compensation and Injury Management Act 1981 (WA).
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Commercial litigation update – mediate in confidence

    In resolving litigation, most disputes are the subject of mediation.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    Court directions for trustees, executors and administrators

    The benefit of seeking directions when in doubt is that the trustee may be protected from beneficiary or creditor claims.
    AustraliaFamily and Matrimonial
    Kott Gunning
    Kott Gunning
  • Article

    Useful tools for navigating co-parenting

    To share parental responsibility for a child, to spend time with that child, both parents need a degree of co-parenting.
    AustraliaFamily and Matrimonial
    Kott Gunning
    Kott Gunning
  • Article

    Statutory Demands: Avoiding the wasted costs and disruption of litigating against insolvent companies

    Issing a company company statutory demand may allow creditors to recover assets while avoiding costly litigaion.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Kott Gunning
    Kott Gunning
  • Article

    Fight Caught on CCTV – Employee 'Set up' but Fairly Dismissed

    It is only in exceptional circumstances that a decision to dismiss will be 'harsh' where a serious assault has occurred.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Workplace 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 HR
    Kott Gunning
    Kott Gunning
  • Article

    Seven years too long: time limits for making a claim on an estate

    The WA Supreme Court has recently refused a plaintiff's application to extend the time to bring a claim against an estate.
    AustraliaFamily and Matrimonial
    Kott Gunning
    Kott Gunning
  • Article

    Dignity 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 Sciences
    Kott Gunning
    Kott Gunning
  • Article

    Probate Caveats – What are they and who do they protect?

    Explanation and discussion about Probate Caveats.
    AustraliaFamily and Matrimonial
    Kott Gunning
    Kott Gunning
  • Article

    Anti-phoenixing laws are finally here

    Directors, and those who advise them, have been waiting for these amendments for some time, and with some trepidation.
    AustraliaCriminal Law
    Kott Gunning
    Kott Gunning
  • Article

    COVID-19 – The first crack in COVID unity? – Paid pandemic leave

    Given the stresses of the pandemic, health unions claim that this period of Unpaid Pandemic Leave should be paid.
    AustraliaCoronavirus (COVID-19)
    Kott Gunning
    Kott Gunning
  • Article

    COVID-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
    Kott Gunning
  • Article

    Ferry driver terminated for marijuana use – strict compliance with drug policy enforced

    The employee claimed unfair dismissal, but it was a clear policy, which was known, understood and deliberately breached.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    On the job? High Court provides guidance for workers' compensation

    There has to be some connection between the activity in question and encouragement from the employer to undertake it.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Outfoxed? Workers compensation appeals

    This case turns on its facts, but is useful for guidance provided by His Honour as to what constitutes a question of law.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Procedural fairness in dealing with allegations of bullying

    Allegations of bullying are serious, but there is still a need for procedural fairness in the course of an investigation.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning

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