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

Welcome to the December edition of our monthly newsletter.

Don’t forget to register for HACKED – Managing Personal and Company Reputation Under Mandatory Reporting on 7 February prior to the introduction of new cyber laws.

We wish you a safe and joyful Christmas and a prosperous New Year.
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Moving with Children: The Law on Relocation and Recovery

Danielle Hadida
Lawyer

In Western Australia, there is no defined geographical specifications for relocation, it is considered in the circumstances of each case. Generally speaking a relocation is a change in the residence …
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Assessing Damages for Injuries Sustained as a 7-Year Old 14 Years Later

Ashley Crisp
Partner

Henrik Eklund
Senior Associate

In assessing the plaintiff’s damages, His Honour appears to have taken into account the plaintiff’s history of school absence linked to bullying.
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The R-Codes and the Deemed Provisions

Philip Mavor
Senior Associate

If developments are to conform to R-Codes, then Local Governments should ensure town planning schemes incorporate them.
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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

Ashley Crisp
Partner

Ramsay Health Care Australia Pty Ltd v Wyatt [2017] WADC 145 Coram – Birmingham QC DCJ – Date of Decision 10 November 2017 on Appeal from WorkCover WA The worker was employed as …
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But What About the Cows? The Importance of a Clearly Drafted Will

Ann Spencer
Senior Associate

Jonathan O’Connor
Lawyer

Executors apply for directions from Court on whether cattle are to be included as “plant and machinery” in unclear Will.
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The Defendant’s Application to Dismiss the Plaintiff Due to an Invalid Election Considered by the District Court

Ashley Crisp
Partner

Henrik Eklund
Senior Associate

A recent decision may signal the reluctance of the Court to disentitle workers to common law damages due to a technical breach of Part IV of the Act.
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