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  • Article

    Fall from balcony – plaintiff fails on cause and negligence

    The unfortunate case of a woman who became paraplegic as a result of a fall from a balcony was recently in the media.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    Important reminders for superintendents of construction contracts

    The article addresses some of the more common pitfalls often encountered by superintendents of construction contracts .
    AustraliaReal Estate and Construction
    Kott Gunning
    Kott Gunning
  • Article

    WA Magistrates Court Cases test entry provisions in town planning scheme

    The City of Armadale successfully defended two challenges to a power of entry provision in its Town Planning Scheme.
    AustraliaReal Estate and Construction
    Kott Gunning
    Kott Gunning
  • Article

    Aged care accommodation need not be subsidised to be Charitable

    NFP aged care and retirement villages, where residents have entry fees and fees for services, may still be 'charitable'.
    AustraliaCorporate/Commercial Law
    Kott Gunning
    Kott Gunning
  • Article

    Date fast approaching for incorporated associations in WA to update rules

    Associations incorporated under the old act have until 30 June 2019 to ensure their rules are compliant with the new act.
    AustraliaCorporate/Commercial Law
    Kott Gunning
    Kott Gunning
  • Article

    Electricity Generation Corporation t/a Verve Energy v Woodside Energy Limited [2014] HCA 7 - 'reasonable endeavours'

    The High Court clarified and reaffirmed, amongst other things, the meaning of the agreed term "reasonable endeavours".
    AustraliaCorporate/Commercial Law
    Kott Gunning
    Kott Gunning
  • Article

    Be careful when choosing furniture for your patrons

    The use of a particular brand of chair on a polished wooden floor in an indoor sports hall created a real risk of injury.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Did you renew the last maximum term contract? If not, be prepared to fight an unfair dismissal action

    Expiry at the date of a maximum term contract is not a dismissal, as termination is not the initiative of the employer.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Directors' liability for workplace fatality

    The case illustrates the consequences for a company and its directors of placing employees at risk of unsafe systems.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    FWO Report shows that there is much to be done for compliance with employment obligations

    The FWO Report into National compliance shows that almost 40% of previously non-compliant employers continue to offend.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Incident reports in WA - obligation or best practice?

    All WA employers must report notifiable incidents to WorkSafe or risk prosecution for breach of the OSH Act 1984 (WA).
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Judge finds 3 years limitation period for claim for damages

    The Act as amended no longer imposes a period of limitation relative to the commencement of proceedings for damages.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Medical certificates – can they be questioned?

    This recent decision affirms the position that medical certificates are important evidence but are not determinative.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Occupational Health and Safety in Western Australia

    A summary of the OSH position in Western Australia.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Workcover WA Arbitrator decision - Preference of one medical opinion over another

    The Arbitrator was entitled to prefer one medical expert's interpretation of the scans over a contrary interpretation.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Think twice before posting Family Court proceedings on social media

    Section 121 of the Family Law Act prohibits the publication of details that identify the parties or the proceedings.
    AustraliaFamily and Matrimonial
    Kott Gunning
    Kott Gunning
  • Article

    When is an executor entitled to be paid?

    Only where an executor is an accountant, a solicitor or a trustee company is it clear that there will be remuneration.
    AustraliaFamily and Matrimonial
    Kott Gunning
    Kott Gunning
  • Article

    What is the Australian Financial Complaints Authority (AFCA)?

    AFCA will deal with any complaints from individuals and small businesses in relation to financial services and products.
    AustraliaFinance and Banking
    Kott Gunning
    Kott Gunning
  • Article

    Freedom of Information - Could Information my Company provides to a Government Agency be Released under FOI?

    Information provided to a government agency can be released under a FOI application unless it falls within an exemption.
    AustraliaGovernment, Public Sector
    Kott Gunning
    Kott Gunning
  • Article

    Setting aside statutory demands . . . on conditions

    Just because a weak offsetting claim can set aside a statutory demand, there are still tactics that a creditor can use.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Kott Gunning
    Kott Gunning

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