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

Welcome to the February edition of our monthly newsletter.

This month’s collection of legal updates includes two useful and interesting recent District Court decisions relating to workers’ compensation issues and a very interesting decision relating to the WA compulsory third party (CTP) insurance scheme.  There is also an update on directors’ and officers’ criminal liability and the importance of context when it comes to employees and social media.

We welcome your feedback about our articles, as well as any suggestions you might have for topics you would like to see covered in future editions. Please email info@kottgunn.com.au
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Section 60 – when a genuine dispute is not enough

Vidal Hockless
Partner

Whilst the Regis Aged Care P/L v Hunter decision may be instructive, we are still left, in dealing with s60, with a cumbersome, two stage procedure, not reflecting the original intent of the provision.
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Guilty Company? Directors and Officers May Have to Prove Their Own Innocence

Anne Wood
Partner

It is often assumed that an officer (or Director) of a company cannot be found to be guilty of an offence that the company committed, however in Western Australia, they …
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What is the meaning of “error of law” and “a question of law is involved” in a workers’ compensation context?

Ashley Crisp
Partner

The meaning of “error of law” and “a question of law is involved”; the role and powers of Arbitrators in the WA Workers Compensation Scheme and Section 247 of the WA Workers’ Compensation and Injury Management Act 1981
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Interpretation of Delay and Material Prejudice in the WA CTP Scheme

Daniel Coster
Associate

Ashley Crisp
Partner

Stojceska v Muharemovic [2017] WADC 9 heard by His Honour Staude DCJ, decision delivered 27 January 2017. The requirement for the Insurance Commission of WA (the Commission) to demonstrate “material …
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Employees on Social Media – the Importance of Context

Conor Breheny
Associate

Tom Darbyshire
Partner

Singh v Aerocare Flight Support Pty Ltd [2016] FWC 6186 A decision by the Fair Work Commission (FWC) has outlined the potential pitfalls of an employee making public comments on …
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