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  • Article

    Documents 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 & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    Pain and suffering revisited: Parkin -v- AMACA Pty Ltd [2020] WASC 306

    An award of damages for pain & suffering will only be considered by the court on a case by case basis. Recent case discussed.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    Pain and suffering revisited: Parkin -v- Amaca Pty Ltd [2020] WASC 306

    In determining an award for general damages a court must take into account the particular circumstances of the plaintiff.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    Slip and trip when choosing dip – supermarket not liable

    Discussion of the appeal decision in Coles Supermarkets Australia Pty Ltd v Meneghello [2013] NSWCA 264.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    The 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 & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    Builder not liable for negligence of contractor

    This case was a typical example of liability issues that arise when accidents happen in small construction projects.
    AustraliaReal Estate and Construction
    Kott Gunning
    Kott Gunning
  • Article

    Compensation for compulsory land acquisition in Western Australia

    A media statement has been issued about proposed reforms to overhaul private property rights in Western Australia.
    AustraliaReal Estate and Construction
    Kott Gunning
    Kott Gunning
  • Article

    COVID-19 Update – WAPC to determine planning applications for significant projects and to automatically extend some subdivision approvals

    An application in the process of being determined by the relevant local government, should now be determined by the WAPC.
    AustraliaReal Estate and Construction
    Kott Gunning
    Kott Gunning
  • Article

    Falling 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 Construction
    Kott Gunning
    Kott Gunning
  • Article

    Involved with planning approvals in WA? There may be changes ahead

    A WA Planning Green Paper released for comment is proposing significant changes to the way development is approved in WA.
    AustraliaReal Estate and Construction
    Kott Gunning
    Kott Gunning
  • Article

    Offensive Facebook Posting Leads To Dismissal

    A warning of the perils of posting offensive comments on social media sites.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    What 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 Matrimonial
    Kott Gunning
    Kott Gunning
  • Article

    Trustees Empowered to Consider Superannuation

    Trustee powers to transfer funds into superannuation for incapacitated recipients of damages awards have been clarified.
    AustraliaLitigation, Mediation & Arbitration
    Kott Gunning
    Kott Gunning
  • Article

    Mobile 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 HR
    Kott Gunning
    Kott Gunning
  • Article

    Workplace safety – Employers liability – Working from home

    An employer was liable for the tragic death of an employee from a domestic violence incident while working from home.
    AustraliaEmployment and HR
    Kott Gunning
    Kott Gunning
  • Article

    Cheat sheet for the WA Parliament Select Committee report into local government in WA

    The report recommended a new Local Government Act to be modernised to include a statement of local government functions.
    AustraliaGovernment, Public Sector
    Kott Gunning
    Kott Gunning
  • Article

    Anti-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-Structuring
    Kott Gunning
    Kott Gunning
  • Article

    Can 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 Construction
    Kott Gunning
    Kott Gunning
  • Article

    Changes to threshold and rate for foreign resident capital gains withholding payments

    This system of withholding payments as part of a property settlement process aims to collect CGT from foreign residents.
    AustraliaReal Estate and Construction
    Kott Gunning
    Kott Gunning
  • Article

    CGT: 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.
    AustraliaTax
    Kott Gunning
    Kott Gunning

Showing 81–100 of 667 results

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