ArticlePersonal injury: Are you sitting comfortably?Recent decision highlights that providing equipment to make a workplace safe is not enough. Employees must know how to use it.AustraliaEmployment and HRKott Gunning
ArticleSmith v Ranger Camping & Outdoor Pty Ltd [2014] WADC 40: workers compensationThe case clarifies principles applied when a worker is injured in an activity not strictly related to their employment.AustraliaEmployment and HRKott Gunning
ArticleWA worker falling asleep at the wheel - employer's duty of care?Even if an employer breaches its duty, unless the breach directly results in loss, there may not be any damages awarded.AustraliaEmployment and HRKott Gunning
ArticleWhat Is Constructive Dismissal?Constructive dismissal, in effect forced resignation, is generally poorly understood.AustraliaEmployment and HRKott Gunning
ArticlePromised the family property but the promise has been broken – Insight from Currie v Currie [No 2] [2017] WASC 312If the promise of family property has been broken, you may be able to enforce it through a proprietary estoppel claim.AustraliaFamily and MatrimonialKott Gunning
ArticleRecognising parent and child relationships in Western Australia – part 1This is part one of an article on various parent and child relationships recognised in WA in contested deceased estates.AustraliaFamily and MatrimonialKott Gunning
ArticleTick tock, the clock’s on: Time limits for making a claim on an estate in Western AustraliaIf you can apply for provision (or increased provision) from a deceased person's estate, "delay at your own peril".AustraliaFamily and MatrimonialKott Gunning
ArticleWe have separated, how long do we have to sort it all out? - Time limits in Family Court mattersRemember there are minimum time requirements and time limitations for the filing of some documents in the Family Court.AustraliaFamily and MatrimonialKott Gunning
ArticleEffect of WA amalgamations on crown land under Management OrdersThe local government position is going to depend on the type of amalgamation that has been recommended by the Minister.AustraliaGovernment, Public SectorKott Gunning
ArticleExercising discretion in decision makingWhere there is an absence of clear criteria, the decision maker must exercise a discretion before making the decision.AustraliaGovernment, Public SectorKott Gunning
ArticleAn overview of Unreasonable Director Related Transactions (UDRTs)Directors and company advisors should thoroughly understand how to ensure that a transaction can not become a UDRT claim.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleShining a little more light into cross border insurance claims in AustraliaIn most Australian States, common provisions simplify and regularise decisions on disputes of questions of jurisdiction.AustraliaInsuranceKott Gunning
ArticleAppearing in the Magistrates’ Court – Tricks of the Trade & Tips on Court ProcedureYour first appearance in the Magistrates' Court can be a nerve-wracking experience.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleSmall slips sink statutory demandsIf you don't get the processes right, a court can set aside the CSD and order you to pay the debtor company's costs.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleStraight from the horses mouth: Judge sets out how trials will now run in District Court of WAThe case is important to WA lawyers and their clients, as it changes how to prepare for trial in the District Court.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleDetermination Deadlines and consequences under Building Act 2011 (WA)Section 23 states how long a Local Government has to evaluate an application for a building permit or demolition permit.AustraliaReal Estate and ConstructionKott Gunning
ArticleGo ahead given to amend WA Strata Titles Act – Overview of proposed changesThese proposed developments will fundamentally change the way in which strata titles will be created and managed in WA.AustraliaReal Estate and ConstructionKott Gunning
ArticleIs your llama registered in Western Australia?The movement of livestock is heavily regulated, with livestock ownership, identification, and movement reporting system.AustraliaReal Estate and ConstructionKott Gunning
ArticleMetro-Central Joint Development Assessment Panel (JDAP) decision set asideThe WA Supreme Court found that the JDAP had made a proposed development decision not properly or reasonably open to it.AustraliaReal Estate and ConstructionKott Gunning