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

Welcome to the August edition of our monthly electronic newsletter.

This month we bring you articles on the changes to the settlement process when selling or buying real property in Australia; WA CTP assessment of damages; jurisdiction in international arbitrations; estate litigation and the sixth in a series of legal updates on the key features and reforms under the new Associations Incorporation Act 2015 (WA).

Kott Gunning is proud to again be a sponsor of the Deloitte Spring Rose Art Exhibition from 20 – 30 September at Brookfield Place in Perth. This year’s featured artist is Di Taylor with all proceeds from the sale of more than 40 WA based artists going to supporting Cystic Fibrosis WA. We would like to congratulate CFWA for winning the WA charity category and becoming a National finalist for the 2016, Telstra Australian Business Awards.

We have a limited number of tickets available to the VIP Opening Night on 19 September for art lovers who would like to view the exhibition and purchase artworks before it opens to the public the next day. Please email events@kottgunn.com.au if you would like to attend the Opening Night event as our guest.

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The New Associations Incorporation Act 2015 (WA) – Reviews and Audits

Brenton Oakley
Consultant

Philip Mavor
Senior Associate

This is the sixth 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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ATO and Foreign Resident Capital Gains Withholding Tax – Changes Every Person Needs to Know when Selling or Buying Property in Australia

Emma Leys
Partner

This paper was co-authored by Kellie Cook, Senior Associate (previously with Kott Gunning Lawyers) The settlement process when selling or buying real property or interests in real property in Australia …
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WA Supreme Court Rules on Jurisdiction in International Arbitrations

Tom Darbyshire
Partner

The important point about the Samsung C&T Corporation v Duro Felbuera Australia decision is not just that a stay of court proceedings was granted in favour of the ongoing arbitration, it is also very significant that the Supreme Court decided that it was the proper forum for making this decision, rather than the Arbitral Tribunal itself.
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WA CTP Assessment of Damages in Motor Crash Litigation

Ashley Crisp
Partner

Ken Grunder
Senior Associate

In the Hurley v Lang Judgment delivered August 2016, the Plaintiff was involved in two separate motorcycle accidents both accidents involved cars failing to give way causing the Plaintiff to be “thrown” from his Harley Davidson.
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Seven Years Too Long: Time Limits for Making a Claim on an Estate

Ann Spencer
Senior Associate

The Supreme Court of Western Australia has recently refused a plaintiff’s application to extend the time in which to bring a claim against his late father’s estate. In the previous …
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