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
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
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
ArticleAged care accommodation need not be subsidised to be CharitableNFP aged care and retirement villages, where residents have entry fees and fees for services, may still be 'charitable'.AustraliaCorporate/Commercial LawKott Gunning
ArticleDate fast approaching for incorporated associations in WA to update rulesAssociations incorporated under the old act have until 30 June 2019 to ensure their rules are compliant with the new act.AustraliaCorporate/Commercial LawKott Gunning
ArticleElectricity 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 LawKott Gunning
ArticleBe careful when choosing furniture for your patronsThe 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 HRKott Gunning
ArticleDid you renew the last maximum term contract? If not, be prepared to fight an unfair dismissal actionExpiry at the date of a maximum term contract is not a dismissal, as termination is not the initiative of the employer.AustraliaEmployment and HRKott Gunning
ArticleDirectors' liability for workplace fatalityThe case illustrates the consequences for a company and its directors of placing employees at risk of unsafe systems.AustraliaEmployment and HRKott Gunning
ArticleFWO Report shows that there is much to be done for compliance with employment obligationsThe FWO Report into National compliance shows that almost 40% of previously non-compliant employers continue to offend.AustraliaEmployment and HRKott Gunning
ArticleIncident 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 HRKott Gunning
ArticleJudge finds 3 years limitation period for claim for damagesThe Act as amended no longer imposes a period of limitation relative to the commencement of proceedings for damages.AustraliaEmployment and HRKott Gunning
ArticleMedical certificates – can they be questioned?This recent decision affirms the position that medical certificates are important evidence but are not determinative.AustraliaEmployment and HRKott Gunning
ArticleOccupational Health and Safety in Western AustraliaA summary of the OSH position in Western Australia.AustraliaEmployment and HRKott Gunning
ArticleWorkcover WA Arbitrator decision - Preference of one medical opinion over anotherThe Arbitrator was entitled to prefer one medical expert's interpretation of the scans over a contrary interpretation.AustraliaEmployment and HRKott Gunning
ArticleThink twice before posting Family Court proceedings on social mediaSection 121 of the Family Law Act prohibits the publication of details that identify the parties or the proceedings.AustraliaFamily and MatrimonialKott Gunning
ArticleWhen 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 MatrimonialKott Gunning
ArticleWhat 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 BankingKott Gunning
ArticleFreedom 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 SectorKott Gunning
ArticleSetting aside statutory demands . . . on conditionsJust because a weak offsetting claim can set aside a statutory demand, there are still tactics that a creditor can use.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning