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

Welcome to the bumper April edition of our newsletter.

This month we bring you articles on employment law, commercial law, local government law, insurance and risk, and the second in a series of legal updates on the key features and reforms under the new Associations Incorporation Act 2015 (WA).

Earlier this month Kott Gunning Lawyers jointly hosted a Cyber Security Risks for Business networking seminar. Professor Craig Valli, Director of ECU Security Research Institute and Darren Michael from McGrathNicol provided valuable insight into cyber threats and tips on how to mitigate the risks for business. The insurance industry has responded to this growing exposure with a number of new cyber and network security policy solutions. If you would like more information about JLT’s customised cyber insurance solutions please contact Gavin Brown on 08 9426 0981.

Read more whitepapers by JLT on Cyber Risks here
Read McGrathNicol’s latest Cyber Alert on “Locky”, a new strain of ransomware here

As you will know, Kott Gunning Lawyers is the Western Australian member firm of ADVOC an international network of independent law firms, harnessing international expertise in jurisdictions across the globe. The 4th ADVOC International Business Law conference is scheduled from 15 – 16 August 2016 in Bali. Find out more information about the program on http://www.iblc.lawandpractice.org/ . Please contact Tom Darbyshire if you would like more information or are interested in attending.

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The New Associations Incorporation Act 2015 (WA) – The Rules

Brenton Oakley
Consultant

Philip Mavor
Senior Associate

This is the second of a series of legal updates that Kott Gunning is producing throughout 2016 on the key features and reforms under the new Associations Incorporation Act 2015 …
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Getting Your Notices Right – When Near Enough is Not Good Enough

Greg Mohen
Partner

Two cases heard in the SAT in 2015 highlighted the need for any notice issued under the Residential Parks (Long Stay Tenants) Act 2006 (the Act) to be drafted in …
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District Court Jurisdiction – WorkCover Appeal Filed Out Of Time?

Stephen Williams
Partner

Co-authored by Sophie Nauwelaers, Lawyer (previously with Kott Gunning Lawyers) District Court of WA – Bouwman v Westralian Finance Company Pty Ltd [2016] WADC 49, Her Honour Wager – heard …
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What is Constructive Dismissal?

Constructive dismissal, in effect forced resignation, is generally poorly understood, mainly because it can manifest itself in a myriad of different situations depending upon the terms of any given employment …
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WA Worker Accepts Offer To Settle Claim Before Passing – The Consequences Of No Settlement Documents Being Signed

Ashley Crisp
Partner

Mackellar v Asciano Limited and Subsidiary Companies [2016] WADC 56 Scott DCJ District Court of Western Australia heard January 2016 decision delivered 15 April 2016 This Appeal from a decision …
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An Overview of Unreasonable Director Related Transactions

Tom Darbyshire
Partner

Liquidators have several weapons at their disposal for recovering money or assets that have been removed from a company before it goes into external administration. One recent and powerful addition …
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Be Careful When Choosing Furniture For Your Patrons

Stephen Williams
Partner

Anne Wood
Partner

Co-authored by Emmanuel Solana, Lawyer In the recent decision of Minister for Education v Shire of Northam [2013] WADC 42, District Court Judge McCann considered that the use of a particular …
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The Law Of Confidential Information – Leave The Customer List Behind

Tom Darbyshire
Partner

Co-authored by Kori O’Meehan, Lawyer Introduction Employers often provide their employees with commercially sensitive and confidential information in the course of the employment relationship. But what happens to that confidential …
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Court Of Appeal Does The Hard Yards On Factual Analysis

Vidal Hockless
Partner

Case Summary: Hawker Pacific Pty Ltd v Lang [2015] WASCA 256 In December 2015 the Supreme Court handed down a decision on an appeal against an arbitrator’s determination on an application …
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