ArticleHigh Court Rules on Liability of Company DirectorsThe Court decision has ramifications for non-executive directors of public companies and company directors in general.AustraliaCorporate/Commercial LawKott Gunning
ArticleImpacts on Real Estate - New Personal Property Securities ActReal estate is not directly affected by the new regime, but there are issues for leasing and other real estate matters.AustraliaCorporate/Commercial LawKott Gunning
ArticleFit to Work? (Revenge of the Geek…): medical certificates and adverse actionAlthough Mr Marshall was "medically unfit" for work, he was not medically unfit to participate in "Beauty and the Geek".AustraliaEmployment and HRKott Gunning
ArticleLegislative changes (COVID-19) – Workers Compensation and Injury Management Amendment (COVID-19 Response) Act 2020 (WA)These laws address a small number of workers compensation "priority issues in response to the COVID-19 pandemic" in WA.AustraliaEmployment and HRKott Gunning
ArticleStand-down not harsh and unreasonable – Makes senseThe Court considered an arbitrator's determination on the question of "harsh and unreasonable" conduct under the Act.AustraliaEmployment and HRKott Gunning
ArticleWA Workers’ compensation 'stress claims' resulting from disciplinary meetingsThis WA arbitration decision demonstrates the influence that procedural matters may have on stress related claims.AustraliaEmployment and HRKott Gunning
ArticleWorkers on visas - can they claim workers compensation?Are persons working in contravention of their visa conditions entitled to compensation for workplace injuries?AustraliaEmployment and HRKott Gunning
ArticleAm I in a de-facto relationship in Western Australia?A de-facto relationship is defined by section 13A of the Interpretation Act 1984 (WA) as a "marriage-like" relationship.AustraliaFamily and MatrimonialKott Gunning
ArticleInformal wills in Western Australia and a stitch in time…A properly drafted will is certainly the best way to avoid the host of problems that can arise from an informal document.AustraliaFamily and MatrimonialKott Gunning
ArticleWhat happens if I die without a will?Statistics show that about 50% of Australians do not have a will.AustraliaFamily and MatrimonialKott Gunning
ArticleWhat happens if I die without a will (intestate) in Western Australia?If you die intestate, your estate will be distributed according to a rigid formula in the Administration Act 1903 (WA).AustraliaFamily and MatrimonialKott Gunning
ArticleWhat you need to know about divorce in Australia versus AmericaThe American system of marriage and divorce is, of course, drastically different to the system operating in Australia.AustraliaFamily and MatrimonialKott Gunning
ArticleWill the wishes of my child be considered in a parenting matter?The High Court held that although a child's views and wishes are relevant they are not the only determinative factor.AustraliaFamily and MatrimonialKott Gunning
ArticleA free lunch or a bottle of Grange – fail to disclose at your peril: conflict of interest and local governmentA WA Council member must disclose the nature of an "interest" - before the meeting or before the matter is discussed.AustraliaGovernment, Public SectorKott Gunning
ArticleEffects of amalgamation of local governments on active contractsLocal Governments undergoing amalgamation are likely to hold active contracts for the supply of goods and services.AustraliaGovernment, Public SectorKott Gunning
ArticleHow close is too close? Court gives guidance to liquidators about independenceIPs must be able to assure creditors that they are not influenced by directors, creditors, or other stakeholders.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleDistrict Court assessment of damages in the Western Australian CTP schemeThis case is a very useful reference as to how evidence is assessed and given, or not given weight, in the WA CTP scheme.AustraliaInsuranceKott Gunning
ArticleRevisiting the interpretation of contractual indemnity and insurance clausesThe resultant decision of the High Court seems to represent the conventional interpretation of these insurance clauses.AustraliaInsuranceKott Gunning
ArticleSlipping Accidents - The Burden: Strong v WoolworthsThe importance of a regular system for the cleaning and inspection of shopping centres is highlighted by this decision.AustraliaLitigation, Mediation & ArbitrationKott Gunning