ArticleImportant reminders for superintendents of construction contractsThe article addresses some of the more common pitfalls often encountered by superintendents of construction contracts .AustraliaReal Estate and ConstructionKott Gunning
ArticleTo review or not to review: Adjudications and the Construction Contracts Act 2004In WA, the Construction Contracts Act 2004 governs adjudication of construction contract payment disputes.AustraliaReal Estate and ConstructionKott Gunning
ArticleWA Magistrates Court Cases test entry provisions in town planning schemeThe City of Armadale successfully defended two challenges to a power of entry provision in its Town Planning Scheme.AustraliaReal Estate and ConstructionKott Gunning
ArticleWA Retail Shop Tenants Receive Christmas PresentThe changes provide additional protections and rights particularly for tenants and add additional burdens to landlords.AustraliaReal Estate and ConstructionKott Gunning
ArticleLost in cyber space - Danger, Will Robinson!Recent events have shown just how dangerous it can be for businesses in today's online cyber risk environment.AustraliaTechnologyKott 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
ArticleEmployer's LiabilityBreach of duty of care by "host employer" – duty of care owed to contractor – tests under the Civil Liability Act – contributory negligence and inadvertenceAustraliaEmployment and HRKott Gunning
ArticleTotal Incapacity and the Suitability of EmploymentThe case of Hannover Life RE of Australasia Ltd v Dargan concerned an employee seeking disablement benefits.AustraliaEmployment and HRKott Gunning
ArticleWork health & safety harmonisation – WA finally gets on boardWA is committed to joining most of Australia in implementing the harmonised Model WHS Act, Regulations & other subsidiary laws.AustraliaEmployment and HRKott Gunning
ArticleSection 60 of the Workers Compensation and Injury Management Act - when a genuine dispute is not enoughThe Arbitrator does not need to look behind the declared attitude of the employer provided it is sincere and serious.AustraliaEmployment and HRKott Gunning
ArticleAdult child maintenance for ongoing education and living expensesAdult Child maintenance, as distinct from child support, may be payable for a child over the age of 18 years in certain cases.AustraliaFamily and MatrimonialKott Gunning
ArticleWhat is the meaning of Error of Law and A question of law is involved in a workers compensation context?His Honour undertook an exhaustive examination of the Dispute Resolution System and the roles and powers of Arbitrators.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleWorkers compensation and workplace bullyingThis matter involved a claim by an employee for damages for psychiatric injury allegedly caused by workplace bullying.AustraliaEmployment and HRKott Gunning
ArticleCouncillors in Western Australia to disclose gifts and contributions to travel within 10 days and onlineLocal Governments in Western Australia should be preparing policies and procedures to comply with the new requirements.AustraliaGovernment, Public SectorKott Gunning
ArticleA patchwork quilt of insolvency reform becomes a hodgepodgeCommentary on the recently introduced insolvency reforms.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleFuture uncertainty – What lies within the proposed corporate insolvency reforms and how the reforms impact on creditor rights to issue Creditors Statutory Demands (CSDs)The proposed reforms continue temporary restrictions on a creditor's ability to use benefits and efficiencies of CSDs.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleProposed insolvency law reforms – What is the impact on the enforcement of personal guarantees that guarantee performance of company obligationsDirectors should be mindful of any potential personal exposure and risk under any new personal guarantees..AustraliaInsolvency/Bankruptcy/Re-StructuringKott 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
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
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