ArticleDocuments provided to an expert - have you waived privilege?Legal professional privilege in documents provided to experts can be waived by service of that expert report on the other party. AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticlePain and suffering revisited: Parkin -v- AMACA Pty Ltd [2020] WASC 306An award of damages for pain & suffering will only be considered by the court on a case by case basis. Recent case discussed.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticlePain and suffering revisited: Parkin -v- Amaca Pty Ltd [2020] WASC 306In determining an award for general damages a court must take into account the particular circumstances of the plaintiff.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleSlip and trip when choosing dip – supermarket not liableDiscussion of the appeal decision in Coles Supermarkets Australia Pty Ltd v Meneghello [2013] NSWCA 264.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleThe possible implications of filing a writ of summons before complying with Section 93K(4) of the Workers’ Compensation and Injury Management Act 1981 (WA)An application for summary judgment in relation to a writ of summons was filed prior to compliance with the section. AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleBuilder not liable for negligence of contractorThis case was a typical example of liability issues that arise when accidents happen in small construction projects.AustraliaReal Estate and ConstructionKott Gunning
ArticleCompensation for compulsory land acquisition in Western AustraliaA media statement has been issued about proposed reforms to overhaul private property rights in Western Australia.AustraliaReal Estate and ConstructionKott Gunning
ArticleCOVID-19 Update – WAPC to determine planning applications for significant projects and to automatically extend some subdivision approvalsAn application in the process of being determined by the relevant local government, should now be determined by the WAPC.AustraliaReal Estate and ConstructionKott Gunning
ArticleFalling Ceiling Panels and the Civil Liability Act 2002 (WA)Her Honour found that there was a likelihood of serious harm if any ceiling panels fell and precautions were not taken. AustraliaReal Estate and ConstructionKott Gunning
ArticleInvolved with planning approvals in WA? There may be changes aheadA WA Planning Green Paper released for comment is proposing significant changes to the way development is approved in WA.AustraliaReal Estate and ConstructionKott Gunning
ArticleOffensive Facebook Posting Leads To DismissalA warning of the perils of posting offensive comments on social media sites.AustraliaEmployment and HRKott Gunning
ArticleWhat you need to know about children and separation – Who decides?The court must consider the best interests of any children and the emotional impact of separation and disputes on them.AustraliaFamily and MatrimonialKott Gunning
ArticleTrustees Empowered to Consider SuperannuationTrustee powers to transfer funds into superannuation for incapacitated recipients of damages awards have been clarified.AustraliaLitigation, Mediation & ArbitrationKott Gunning
ArticleMobile phones and cancer – the next asbestos?An Italian decision, subject to appeal, has held that excessive use of a mobile phone caused a benign form of cancer.AustraliaEmployment and HRKott Gunning
ArticleWorkplace safety – Employers liability – Working from homeAn employer was liable for the tragic death of an employee from a domestic violence incident while working from home.AustraliaEmployment and HRKott Gunning
ArticleCheat sheet for the WA Parliament Select Committee report into local government in WAThe report recommended a new Local Government Act to be modernised to include a statement of local government functions.AustraliaGovernment, Public SectorKott Gunning
ArticleAnti-phoenixing reforms are still circling…Anti-phoenixing legislation was reintroduced into Federal Parliament, after lapsing earlier in 2019 due to the election.AustraliaInsolvency/Bankruptcy/Re-StructuringKott Gunning
ArticleCan a grouped dwelling unit be split into two and rented separately? No!If you wish to vary an approved development, you must seek planning approval, to avoid a potential criminal conviction.AustraliaReal Estate and ConstructionKott Gunning
ArticleChanges to threshold and rate for foreign resident capital gains withholding paymentsThis system of withholding payments as part of a property settlement process aims to collect CGT from foreign residents.AustraliaReal Estate and ConstructionKott Gunning
ArticleCGT: changes to threshold and rate for foreign resident capital gains withholding payments (May 2017)Changes essentially impose a higher tax rate and a lower threshold to contracts of sale to foreign residents.AustraliaTaxKott Gunning