ArticleWA Workers' Compensation and Injury Management Amendment Regulations (No.2) 2012Although small in number, these changes to the regulations are important and become effective on 15 December 2012.AustraliaEmployment and HRKott Gunning
ArticleWork health and safety harmonisation status in western AustraliaA timeline of the WA story is provided below.AustraliaEmployment and HRKott Gunning
ArticleWorkers' compensation in Western Australia and failure to co-operate This recent decision is authority for the proposition that a worker must mitigate their loss through rehabilitation.AustraliaEmployment and HRKott Gunning
ArticleSuperannuation splitting and family law - WA de facto couplesSoon all Australian couples experiencing separation will be able to split their superannuation in property settlement matters. .AustraliaFamily and MatrimonialKott Gunning
ArticleThinking twice before posting on social mediaExplains s121 FLA that prohibits the publications of details relating to Family Court proceedings where parties are identified.AustraliaFamily and MatrimonialKott Gunning
ArticleWA court declines to make statutory willThe WA laws relating to statutory wills are different from those in other states so this case gives important guidance.AustraliaFamily and MatrimonialKott Gunning
ArticleWhat happens to the pets after separation?The Family Courts follow the general position that a family pet is included in the definition of property in the Act.AustraliaFamily and MatrimonialKott Gunning
ArticleDefined Terms in Legislation – Not Always Black and WhiteThis case revisited the basic principles governing the interpretation and application of defined terms in legislation.AustraliaGovernment, Public SectorKott Gunning
ArticleExtra time for liquidators – shelf orders approved, for nowThe power of a court to make a shelf order is fairly clear for now, but the law in this area may not yet be settled.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticlePermanent changes to the personal bankruptcy thresholdA recent media release reported an increase to the minimum dollar threshold for issuing a Bankruptcy Notice.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleWA workers compensation - connection between reasonable treatment and a compensable injuryBefore considering reasonable treatment, establish that treatment is for a compensable injury, or a direct result of it.AustraliaInsuranceKott Gunning
ArticleA timely reminder about time – the consequences of missing a common law limitation date in the WA workers compensation and common law schemeThe workers' compensation advisor failed to ensure that the plaintiff's common law action was commenced in time. AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleA two motorcycle crash in the WA ICWA CTP schemeThis matter involved unusual circumstances, in that two motorcycles collided and both riders were seriously injured.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleAmbit of "Further Discovery" consideredThe Court considered an application for further and better discovery by a plaintiff seeking damages for personal injury.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleFall from balcony – plaintiff fails on cause and negligenceThe unfortunate case of a woman who became paraplegic as a result of a fall from a balcony was recently in the media. AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleImpending insurance indemnity ruled not enough to set aside a statutory demandAn undetermined claim for insurance indemnity was declared not to be sufficient to set aside a statutory demand.AustraliaLitigation, Mediation & ArbitrationKott Gunning
Article"Stress" Claims and the Operation of Section 178 of the WA Workers Compensation and Injury Management Act 1981This case considers a claim for compensation by an employee suffering psychiatric injury.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleThe District Court of WA Inactive List - principles to be applied in determining whether to remove from the inactive list or allow an action to "die a natural death"Once in the Inactive List, the relative strengths and weaknesses of a plaintiff's case will be examined by the Court.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleAncilliary Dwellings ("Granny Flats") & The New R CodesThe State Government's policy to provide alternative housing options has resulted in significant changes coming into effect.AustraliaReal Estate and ConstructionKott Gunning
ArticleCaveats Series – Part 2: Can I lodge a caveat?Any individual or body corporate can lodge a caveat over a specific property, but you must have a caveatable interest.AustraliaReal Estate and ConstructionKott Gunning