September 2019
Work Health & Safety Harmonisation – WA Finally Gets on Board;
Service Not Required to Trigger an Entitlement to Leave and the Importance of the Fine Print;
Anti-Phoenixing Reforms are Still Circling…;
Dignity of risk vs Negligence – What is an Aged Care Provider’s Duty of Care?;
July 2019
Parliament to Consider Class Actions Regime for WA;
Inactive Cases in the Magistrates Court of WA – A Frenzy of Inactivity;
May 2019
Crown Land – Is It A Lease Or A Licence Where There Is A Public Access Reservation?;
Aiming at an Employee and Shooting Yourself in the Foot – Workplace Investigation Leads to Compensation Claim;
FIFO Code of Practice – Battle Against Mental Illness;
Small Slips Sink Statutory Demands;
Straight from the Horse’s Mouth – Judge Sets Out How Trials Will Now Run in District Court of WA;
April 2019
New Statutory Obligations on Strata – Will it Lead to Fewer Disagreements?;
Date Fast Approaching for Incorporated Associations to Update Rules;
What is Strata Titled Land and How is it Managed?;
Silicosis – a “Nationwide Epidemic”?;
Resolving the “Gordian Knot” – Competing Land Use Classifications in WA;
What You Need to Know About Divorce in Australia Versus America;
March 2019
Whistleblower Protection Reform Is Finally Here – This Is What You Need To Know;
Adult Child Maintenance for Ongoing Education and Living Expenses;
Planning for Incapacity – An Important Part of Your Estate Plan;
Giving Evidence Before The State Administrative Tribunal;
The Weinstein Clause, What Is It and Is It Destined for Australia’s Shores?;
February 2019
Valentine’s Day Cyber Scams to Watch Out For in 2019;
Terminating an enterprise agreement – is the trickle about to stop?;
The Fiocco Report: Is the Reform Sub-Contractors have been Waiting for Around the Corner?;
The State Administrative Tribunal’s Jurisdiction to Resolve Disputes when a Party Moves Interstate;
To Be or Not to Be…a Park Home;
The Great Vaccination Debate: What does the Family Court have to say?;
Assistance Animals in Caravan Parks;
December 2018
Royal Commission into Aged Care Quality and Safety – The Commission Seeks Information;
Preparing Your Business for a Merry Holiday Cyber Season;
‘Cleaning Up’ Your Credit History – How It’s Really Done;
FWO Report Shows There is Much to be Done;
Be Prepared, or be Better Prepared – Insight From Rodgers v Amcor Ltd [2018] WADC 134;
Directors’ Liability for Employee Entitlements;
The Surprising Cost of a Piercing Noise – Insight From Hooker v Allied Pumps Pty Ltd (No. 2) (2018) WADC 129;
What Happens to the Pets After Separation?;
November 2018
Encroachment and Adverse Possession;
You Gotta Fight For Your Right To Light! Protecting Your Home’s Solar Access;
Aged Care Quality Standards – The Basics;
To Occupy or Not to Occupy;
Can a Grouped Dwelling Unit be Split Into Two and Rented Separately? No!;
The Australian Financial Complaints Authority Rules – What You Need To Know;
Short Term Accommodation… Cash Cow or Criminal Conduct?;
Mighty River Flows to the High C – High Court Endorses Holding DOCAs;
October 2018
Has The Casual Employee Relationship Gone The Way of the Dinosaur?;
6 Tips to Make Life Easier For Your Executor;
Online Vulnerabilities Facing Small Business Today;
Is a Guarantor Discharged From Liability When the Principal Contract is Varied?;
We’ve Separated, How Long Do We Have to Sort it all Out? Time Limits in Family Court Matters;
September 2018
Caveats Series – Part 2: Can I Lodge a Caveat?;
What is the Australian Financial Complaints Authority?;
How to Get In – Powers of Entry Under The Public Health Act;
The Requirement for Certainty and Specificity in Building Orders and Direction Notices;
Drug Testing in Family Court Proceedings;
Thou Shalt Not Pass…Even Though Conditional Development Approval Says You Can!;
No Duty of Care Owed….This Time;
August 2018
Vendor Warranties in Business Sales – Don’t Make Promises You Can’t Keep;
Useful Tools for Navigating Co-Parenting;
Why Councillors View Compliance Sections as an Important Pillar of the Council;
Caveats Series – Part 1: What is a caveat?;
Social Media and Family Law – What to Post and What Not to Post When Going Through a Divorce;
Contesting Wills – Insight from Power v Smart (2018) WASC 168;
Judicial Interpretation of Policies of Insurance – Not as Dull as it Sounds;
July 2018
Cyber Liability Insurance – Insuring the Intangible;
Don’t Delay If You Think You Have a Claim Against a Deceased’s Estate;
Yet Another Man Behaving Badly – Sending Inappropriate Emails and Text Messages;
When it Comes to Workers Compensation, When is a Travelling Expense Not a Travelling Expense? Battle of the Clauses;
Providing a Villa for One’s Own Benefit is Not ‘Land Used for a Charitable Purpose’ ;
WA Supreme Court Doubles Down on What Constitutes ‘Reasonable Restriction’ When Examining Restraint Clauses in Employment Contracts;
SAT Determines Validity of Developer Contribution;
Superannuation and the Age Pension where Injury Causes Reduced Life Expectancy – Compensable Loss?;
Arbitrator’s Decision WorkCover WA – Preference of One Medical Opinion Over Another;
Employer Attendance at Medical Consultations – the Rules;
June 2018
Sexual Harassment and Bullying – an Ongoing Challenge for the Modern Workplace;
Mortgagees Need a Vesting Order;
Landlords and Tenants Beware, Know Your Occupier Liability Rights and Obligations and Ensure You Insure;
SAT – Costs Application in Review Proceedings Dismissed;
Involved with Planning Approvals in WA? There May be Changes Ahead…;
The Family Law System Review: What You Need To Know;
April 2018
Twitter Cost Me My Job – The Risks of Discussing Employment Online;
The Stage of Development is Important When Applying the Deemed Planning Provisions;
Interaction between Section 60 and Section 61 in the WA Workers Compensation Scheme – Appeal to District Court and then to Court of Appeal, WA Supreme Court;
New GST Withholding Regime on “New” Residential Property;
Businesses Take Note – Whistleblower Protection Reform is Imminent;
What is Considered Property in Family Law and When Can I Get Rid of His or Her Stuff?;
March 2018
Documents Provided to an Expert – Have You Waived Privilege?;
Superannuation Splitting and Family Law – WA De Facto Couples;
Hold On Don’t Enforce the Judgment, I’ve Lodged an Appeal;
Work Related or Not Work Related? Tragic South Australian Fatality in the Headlines;
Workers on Visas – Can They Claim Workers’ Compensation?;
February 2018
Worrying Wildlife at Work in WA?;
Awarding Compensation for Permanent Impairment Sustained Minutes Before Death – Could It Happen Here?;
Appeals from WorkCover WA to District Court of WA – What is a Question of Law?;
January 2018
5 Common Family Law Myths, Misconceptions and Inaccuracies;
Did You Renew the Last ‘Maximum Term Contract’ – If Not, Be Prepared to Fight an Unfair Dismissal Action;
December 2017
Moving with Children: The Law on Relocation and Recovery;
Assessing Damages for Injuries Sustained as a 7-Year Old 14 Years Later;
The R-Codes and the Deemed Provisions;
WA Worker Attends Work Out of Usual Work Hours Not to Undertake Normal Duties but to Complete a Form and is Injured – is the Injury Compensable? Appeal to WA District Court;
But What About the Cows? The Importance of a Clearly Drafted Will;
The Defendant’s Application to Dismiss the Plaintiff Due to an Invalid Election Considered by the District Court;
November 2017
The Workers’ Compensation and Injury Management Amendment Bill 2017 (WA) – What You Need to Know;
WA Bushfires Planning and Building Regulations – Designed to Increase the Chances of Survival in a Bushfire;
Supreme Court of South Australia Increases Exemplary Damages Award;
Marriage of 14 Year Old Held Invalid by Family Court of Western Australia;
Impending Insurance Indemnity Ruled Not Enough to Set Aside a Statutory Demand;
Promised the Family Property but the Promise Has Been Broken – Insight from Currie v Currie [No 2] [2017] WASC 312;
Rule of Forfeiture Extended: Supreme Court Upholds American Authority That You Cannot Indirectly Benefit from a Criminal Act;
October 2017
Full Court Upholds Controversial Sunday Penalty Rates Decision;
Unsent Text Message Valid as a Will;
WA Industrial Relations System Review – a Waste of Time?;
Child Support and Adult Child Maintenance – What Am I Obligated to Pay?;
WA Workers’ Compensation – Connection between Reasonable Treatment and a Compensable Injury;
The Limits on Non-conforming Use Exemptions;
Forging New Law in Insolvency – Cases and Developments Coming Out of the Collapse of the Forge Group;
September 2017
Whistleblower Protection Reform takes a step forward, with rewards for Whistleblowers on the Table;
Lost in Cyber Space – “Danger, Will Robinson!”;
Stress Claim on Appeal in the District Court of WA – Section 5 of the WA Act and Meaning of “Discipline”, “Wholly or Predominantly” and “Unreasonable and Harsh”;
He Either had Nic Naitanui-like Skills or the Boundary Line was too Close to the Fence;
Being a FIFO Parent after a Divorce or Separation;
When is a DOCA not “the” DOCA?;
August 2017
Labour Hire Lessons for WA: a Pain in the Neck?;
Sour Grapes: Supermarket Liability in Causal Act of Negligence;
A Mighty Relief for Insolvency Practitioners: Holding DOCAs upheld by WA Court of Appeal;
Am I in a Defacto Relationship?;
The Bunnings ABN Scam and the Contractor v Employee Debate;
My Will and the Effect of Marriage, Separation and Divorce;
There is no such Thing as Retrospective Planning Approval: Supreme Court Confirms;
Don’t Ask Me: Properly Proofing Your Client To Give Evidence;
July 2017
Forging New Law in Insolvency – the Collapse of the Forge Group;
Driving into Danger – Breach of Duty of Care;
404 error: Cyber Security for Business;
A Long Saga Ends With Dismissal of Appeal in Relation to Claimed Psychiatric Injury;
WA Court of Appeal Dismisses Appeal by Freeway Truck Driver;
June 2017
The FWC Decision to Phase in Changes to Penalty Rates – Key Dates;
Injury on a Work Trial and the Question of Incapacity;
Increased Compensation for Workplace Fatalities in WA on the Cards;
Estate Planning and Capacity: the Importance of Planning for the Future Early;
A Slip, but not a Banana Skin – Supermarket Damages Claim Denied;
May 2017
Changes to Threshold and Rate for Foreign Resident Capital Gains Withholding Payments (May 2017);
Whistleblower Protections in Corporate Australia: Issues, Developments and Best Practices;
Dolphins, Boats, Tickets, Waves and Waivers;
A Timely Refresher on Director Penalties for Unpaid Super – is your company Superbad?;
WA CTP Motor Vehicle Crash Claim – Liability apportioned 70% – 30% in favour of defendant;
April 2017
Stress claim at WorkCover WA on appeal to District Court of Western Australia;
Mobile Phones and Cancer – the Next Asbestos?;
Griffin Coal – The end of the Never Never, is it the death knell for traditional union approaches to bargaining?;
Self-Represented Plaintiff Fails to Prove Negligence in his Claim for Common Law Damages in the WA District Court;
March 2017
The High Court Clarifies that Subsequent Owners May Not Claim for Injurious Affection;
Injury at Work and Again While Being Rehabilitated, Injury or Not? Reasonableness of Treatment;
Insolvency Practitioners have a Win on Fees and Holding DOCAs, for now;
Australian Privacy Principles and Data Breach – New Measures Planned;
Employees, Subcontractors and Contractors – a Detailed Examination of Liability and Apportionment Principles;
Court Declines to Make Statutory Will;
February 2017
Section 60 – when a genuine dispute is not enough;
Guilty Company? Directors and Officers May Have to Prove Their Own Innocence;
What is the meaning of “error of law” and “a question of law is involved” in a workers’ compensation context?;
Interpretation of Delay and Material Prejudice in the WA CTP Scheme;
Employees on Social Media – the Importance of Context;
January 2017
Is Your Transfer of Farming Property between Family Members Eligible for the Duty Exemption?;
The Unavoidable Accident – Causation in the WA CTP Motor Vehicle Scheme;
Is Your Llama Registered?;
Damages Awarded for Unacceptable Delay in Diagnosis and Treatment of Medical Condition;
December 2016
Aged Care Accommodation Need Not Be Subsidised to be ‘Charitable’;
What Can Enable a Local Government to Withhold/Not Issue a Building Permit?;
A Two Motorcycle Crash in the WA ICWA CTP Scheme;
What Does the Family Court Take Into Account When Determining Property Entitlements?;
Costs Order Made Against a Worker by an Arbitrator at WorkCover WA Upheld by WA District Court Judge;
November 2016
The New Associations Incorporations Act 2015 (WA) – Powers of the Commissioner;
Be Aware – Unfair Contract Terms Extended to Protect Small Business;
Retrospective Approval – “A Misnomer”;
What is an Advanced Health Directive (Living Will) and should I have one?;
October 2016
The New Associations Incorporation Act 2015 (WA) – Administration and Winding Up;
Recent WA CTP District Court Decisions – Self Represented Plaintiffs;
Stand-Down Not Unreasonable and Harsh – Makes Sense;
What You Need to Know About Children and Separation – Who Decides?;
September 2016
The New Associations Incorporations Act 2015 (WA) – Statutory Management;
Recent WA and NSW CTP decisions relating to assessment of liability and contributory negligence;
Confirming the Scope of Section 61 Applications in the WA WorkCover Jurisdiction;
Protecting a Party’s Position by Injunction to Prevent Irreparable Harm;
August 2016 for ICWA
WA CTP Assessment of Damages in Motor Crash Litigation;
The New Associations Incorporation Act 2015 (WA) – Reviews and Audits;
ATO and Foreign Resident Capital Gains Withholding Tax – Changes Every Person Needs to Know when Selling or Buying Property in Australia;
WA Supreme Court Rules on Jurisdiction in International Arbitrations;
Seven Years Too Long: Time Limits for Making a Claim on an Estate;
August 2016
The New Associations Incorporation Act 2015 (WA) – Reviews and Audits;
ATO and Foreign Resident Capital Gains Withholding Tax – Changes Every Person Needs to Know when Selling or Buying Property in Australia;
WA Supreme Court Rules on Jurisdiction in International Arbitrations;
WA CTP Assessment of Damages in Motor Crash Litigation;
Seven Years Too Long: Time Limits for Making a Claim on an Estate;
July 2016
The New Associations Incorporation Act 2015 (WA) – Financial Reporting and Accountability;
Sometimes Minesite Banter Isn’t a Joke – You Could Lose Your Job for It;
Sale of Land Amendment Bill 2016;
The Hidden Value of Written Facts in the Magistrates Court;
Promised the Farm but No Succession Plan – What are my rights?;
Disclosure Obligation and Consequences of Non-Disclosure;
June 2016
The New Associations Incorporation Act 2015 (WA) – The Duties of Officers;
Anshun Estoppel – The Risks Of Waiting, 25 Years On;
District Court Assessment of Damages in the Western Australian CTP scheme;
May 2016
Section 61 Notices and the WA Workers Compensation and Injury Management Act;
Recent Changes to the Building Regulations 2012 that Affect Barriers to Private Swimming Pools;
The New Associations Incorporation Act 2015 (WA) – The Management;
How Not To Get Singed By The New Building Bush Fire Regulations;
When is an Executor Entitled to be Paid?;
April 2016
The New Associations Incorporation Act 2015 (WA) – The Rules;
Getting Your Notices Right – When Near Enough is Not Good Enough;
District Court Jurisdiction – WorkCover Appeal Filed Out Of Time?;
What is Constructive Dismissal?;
WA Worker Accepts Offer To Settle Claim Before Passing – The Consequences Of No Settlement Documents Being Signed;
An Overview of Unreasonable Director Related Transactions;
Be Careful When Choosing Furniture For Your Patrons;
The Law Of Confidential Information – Leave The Customer List Behind;
Court Of Appeal Does The Hard Yards On Factual Analysis;
March 2016
The New Associations Incorporation Act 2015 (WA) – The Key Reforms;
Metro Central Joint Development Assessment Panel Decision Set Aside;
A Timely Reminder about Time – the Consequences of Missing a Common Law Limitation Date in the WA Workers Compensation and Common Law Scheme;
Court Directions for Trustees, Executors and Administrators;
Calculation of Weekly Earning – We Thought This Was Being Fixed?;
Why You Should Immediately Consult a Lawyer on Your Family Provision Act (WA) Claim;
February 2016
Recent Judgment of Fair Work Commission Potentially Exposes Employers to Increased Notice Payments;
Executor Told To Stop Dithering;
Recent Example of What Constitutes Disentitling Conduct in Family Provision Cases;
Councillors in Western Australia to Disclose Gifts and Contributions to Travel within 10 Days and Online;
A Policy is Not Enough – Company Held Vicariously Liable for Discrimination by Employee;
January 2016
Two New Supreme Court Decisions Affecting Local Government Prosecutions;
Workers Compensation – State of Connection Revisited;
Workplace Accident – Do You Need a Lawyer?;
Within the Limitation Period but Abusing the Process – A Cautionary Tale;
Go Ahead Given to Amend Strata Titles Act – Overview of Proposed Changes;
December 2015
5 Things You Need To Know – New Planning Requirements For Bushfire Prone Areas;
Workers’ Compensation WA – Getting Your Fair Share;
Family Provision Act Claims – When Executors are left “Holding The Baby”;
Occupational Safety and Health – Getting Burned Twice;
November 2015
Bullying In The Workplace – An Update;
Partial Capacity Entitlement – Not Something for Another Day;
Specific Performance or Rectification;
What Happens If I Die Without a Will?;
Private: Multiple Stress Claims, Section 5(4) Exclusions in WA Workers Compensation Scheme;
October 2015
Speedy and Fair Conduct of WorkCover WA Proceedings;
Top 10 Risks in Shareholders Agreements;
Role of the Superintendent in Construction Projects;
Employers’ Indemnity Insurance – Recovery Claim “Shunned”;
Risk Management for Event Organisers from a Legal Perspective;
Making a Will for a Person Lacking Capacity;
September 2015
Procedural Fairness in Dealing with Allegations of Bullying;
State of Connection Refined;
Commencement Date for PPSA Changes;
Conflict and Bias in Dog Attack Case;
August 2015
Principles of OSH Liability in WA Where Principals Engage Specialist Contractors;
Local Governments To Ensure Contractors Do Not Exploit Workers;
The A – Z of Insolvent Trustees;
Do As You Wish, Just Be Clear;
How to Manage Workers’ Compensation Claims – Inhouse Counsel;
Maximising the Value of Written Legal Advice;
July 2015
High Income Threshold Increases – the Effect on Unfair Dismissal;
The Cost of Doing (WorkCover) Business;
Is Your Estate Plan Up To Scratch?;
Winky Pop and the Quasi-Judicial Role of Council;
No Damages for Worker Who Tripped Over Box;
Exercising Discretion in Decision Making;
Don’t Play with Fire;
June 2015
Occupiers Liable to Rescuers for Personal Injury;
Work Health and Safety Harmonisation Status in Western Australia;
Powers of Entry for Local Governments;
Incident Reports – Obligation or Best Practice?;
Strata Titles Act Reform Update;
Can the Family Court Force Me Into Equal Shared Care of My Child?;
May 2015
Heavy Fine for Systemic Failures Leading to Road Death;
How Can a Landlord Best Protect Their Rights from an Insolvent Tenant;
Are Local Governments the Owners of Land Under Management Orders?;
Workers’ Compensation and Workplace Bullying;
I Won, Now Pay My Costs!;
Is Evidence Collected Illegally Always Inadmissible?;
Who Decides Who Decides? Delegation in Local Government;
April 2015
PPS eh? Statutory review of the Personal Property Securities Act — the Final Report;
Marijuana User Fails in Bid for Reinstatement;
Setting Aside Statutory Demands . . . on Conditions;
Knowledge and Approval of a Will;
Disclosure Obligation and Consequences of Non-Disclosure;
March 2015
Opening the Floodgates: Annual Leave Loading is Payable Upon Termination;
Fall from Balcony – Plaintiff Fails on Cause and Negligence;
Recognising Parent and Child Relationships – Part 1;
Recognising Parent and Child Relationships – Part 2;
Liability Alert: How Healthy are Your Employment and Contracting Arrangements?;
The Risks of Using a Will Kit;
February 2015
$25 Million is Adequate Provision;
Jurisdiction of the SAT Clarified;
The Exceptions to the Indefeasibility of Torrens Title;
Death and Social Media Account Access;
Property Settlement and Inheritance Misconceptions;
January 2015
Major Property Developer Hit for Extra Transfer Duty;
Significant Change to ATO Position on Distribution of Marital Property;
Damages Awarded for “Revenge Porn”;
That’s Not What We Thought It Would Mean!;
Injurious Affection for the “New” Owners;
New Supreme Court Appeal Case Confirms Mocilac Decision;
December 2014
Surviving the Silly Season;
Delegations, Authorisations and Amalgamations;
False or Misleading Representations in Property Transactions;
Liquidation no Protection Against Occupational Safety and Health Act Prosecution;
When do Orders become Final and Binding?;
November 2014
Compensation for Compulsory Acquisition;
Lease Dispute Arbitration Award Appeal Denied;
Effect of Amalgamation on Local Government Owned Land and Property Leases;
On Yer bike?;
Liquidators’ Tax Liability;
Builder not Liable for Negligence of Contractor;
When Is “Late”, “Too Late” to Apply to SAT for a Review?;
Sharing the Burden of Catastrophic Injury;
Keeping up with New ‘Disability Parking’ Regulations;
October 2014
Amalgamation and Regional Local Governments;
Ferry Driver Terminated for Marijuana Use – Compliance With Drug Policy Enforced;
Court Authorises The Delay In Vesting A Trust In Order To Defer Tax Liabilities;
Privacy and Sporting Organisations;
Bullying In The Workplace – An Update;
The Ins & Outs of Supervised Contact;
Tick Tock, The Clock’s On: Time Limits For Making A Claim On An Estate;
September 2014
No Change to Employer Obligations – Mutual Trust and Confidence Term Struck Down;
Statutory Demands – How to Prove an Offsetting Claim;
Changes to Laws Affecting Incorporated Associations in Western Australia Update;
Forcing Amalgamations – Update 5;
Highway Hauliers, Final Roll – High Court Dismisses Appeal;
Effect of Amalgamation on Crown Land under Management Orders;
The 5Z Protection for Local Government;
Is Your Service Charge Invalid?;
Family Law and Bankruptcy: Does One Affect the Other?;
