ArticleThe consequences of incorrectly terminating a contractThe right to terminate is integral to a contract, but there can be costly consequences if a party gets this wrong.AustraliaCorporate/Commercial LawKott Gunning
ArticleThe new Associations Incorporation Act 2015 (WA) – The RulesThis is the second legal update on the key features and reforms under the new Associations Incorporation Act 2015 (WA). AustraliaCorporate/Commercial LawKott Gunning
ArticleWA District Court case - Expert Evidence, Finding of Fact, Proving a Causal Link and when the Passage of Time can have an adverse impact on EvidenceThe claim was dismissed because the delay had impacted on the evidence in relation to the circumstances of the accident.AustraliaEmployment and HRKott Gunning
ArticleAn update on the Virgin administrationHow will the sale occur? What if the creditors do not agree to the proposed DOCA, or the FC does not approve the share transfer?AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleThe A – Z of Insolvent TrusteesThe insolvency of a company which is the trustee of a trust presents particular challenges for creditors.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleWA Supreme Court rules on jurisdiction in international arbitrationsWhen parties include an arbitration clause in their agreement, they expect to be able to stay out of the courtroom.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleEncroachment and adverse possession in Western AustraliaIf an encroaching owner can establish adverse possession, there is no encroachment and no offence under the Building Act.AustraliaReal Estate and ConstructionKott Gunning
ArticleForcing the pace of the resolution of construction contract disputesThis decision should be carefully considered by anyone thinking of enforcing a CCA determination in Western Australia.AustraliaReal Estate and ConstructionKott Gunning
ArticleWork Health & Safety Bill 2019 – Introduced into WA ParliamentThis Bill contains the majority of the provisions in the national model WHS legislation, with a few notable differences.AustraliaEmployment and HRKott Gunning
ArticleTwitter cost me my job - the risks of discussing employment onlineRecent case where a worker lost her job remind employers and employees of the perils of social media.AustraliaEmployment and HRKott Gunning
ArticleChild support and adult child maintenance: What am I obligated to pay?All parents must contribute to their children's financial support and this may be extended to dependent adult children.AustraliaFamily and MatrimonialKott Gunning
ArticleProperty divisions in family law following StanfordThe decision in Stanford, whilst persuasive, is not conclusive, and could create uncertainty for s.79 applications.AustraliaFamily and MatrimonialKott Gunning
ArticleWhat Must Receivers Reveal?: Receivership and Legal Professional PrivilegeAlthough the receivers were entitled to claim legal professional privilege, they hadn't put forward enough evidence.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleLook out! Pedestrians running in front of vehicles - avoidable or not?The Court needed to determine if the defendant was negligent when the pedestrian ran across the path of her vehicle.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleHonesty and good faith - changes to the strata title laws in Western AustraliaThe Strata Titles Amendment Act 2018 (WA) introduces amendments to the STA that are both "extensive and complex".AustraliaReal Estate and ConstructionKott Gunning
ArticlePreparing your business for a merry holiday cyber seasonThe article covers three immediate steps businesses can adopt to minimise the risk of cyber threats this holiday season.AustraliaTechnologyKott Gunning
ArticleThe new Associations Incorporation Act 2015 (WA) – Administration and winding upInstalment 8 in this series on reforms deals with new administration and winding up provisions introduced under the Act.AustraliaCorporate/Commercial LawKott Gunning
ArticleSpousal maintenance - upon marriage separationSpousal maintenance is financial support paid upon separation where one party is unable to support him or herself.AustraliaFamily and MatrimonialKott Gunning
ArticleForcing WA amalgamations - How real is the threat - Update 2Proposed changes to the Local Government Act 1995 (WA) in relation to boundary reforms are summarised in the article,.AustraliaGovernment, Public SectorKott Gunning