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

Welcome to the February edition of our newsletter.

This month we bring you articles on estate litigation, employment and local government law.

We would like to congratulate Mark Fatharly who has been appointed to the Board of the Society of Trust and Estate Practitioners (STEP) Australia as a Director and Board Secretary.  Mark is also the Vice Chair of STEP (WA).

Kott Gunning Lawyers and its insurance partners have also been recognised in the Doyles Guide in the following categories: – Leading WorkCover & Workers’ Compensation Lawyers (Defendant); Leading Public Liability Defendant Lawyers; Leading WorkCover & Workers’ Compensation (Defendant) Firms; Leading Professional Indemnity Law Firms and Leading Public Liability Law Firms.

Read more in the Doyles Guide

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Recent Judgment of Fair Work Commission Potentially Exposes Employers to Increased Notice Payments

A decision handed down by the Fair Work Commission on 3 February 2016[1] may have major ramifications for employers whose enterprise agreements provide for “Rest and Recreation” periods (R&R) between …
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Executor Told To Stop Dithering

Greg Mohen
Partner

If you have a Will which attracts the presumptions of testamentary capacity, knowledge and approval, and due execution, then the application for Probate should just deal with the necessary procedural requirements and information. If someone wants to challenge your appointment as executor, leave it to them to raise the issues with the Court.
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Recent Example of What Constitutes Disentitling Conduct in Family Provision Cases

What is clear from the recent case of Christie v Christie [2016] WASC 45 is that the conduct in question must be judged according to the history of the relationship between the person and the deceased as well as current attitudes and expectations in the community.
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Councillors in Western Australia to Disclose Gifts and Contributions to Travel within 10 Days and Online

Philip Mavor
Senior Associate

Councillors in Western Australia will soon need to disclose gifts and contributions to travel within 10 days, and the details will be published online. The new requirements are contained in …
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A Policy is Not Enough – Company Held Vicariously Liable for Discrimination by Employee

Every business should have a written anti-discrimination policy but it is not enough that it merely exists. It must be communicated, implemented and enforced, both to minimise the likelihood of …
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