January 2016

Two New Supreme Court Decisions Affecting Local Government Prosecutions
Workers Compensation – State of Connection Revisited
Workplace Accident – Do You Need a Lawyer?
Within the Limitation Period but Abusing the Process – A Cautionary Tale
Go Ahead Given to Amend Strata Titles Act – Overview of Proposed Changes

Welcome to the January edition of our newsletter.

This month we bring you articles on workers compensation, risk, property, workplace accidents, litigation and local government law.

We would also like to congratulate Alison Brooks (family law team), Ann Spencer (commercial dispute resolution team), Ken Grunder and Henrik Eklund (insurance team) on their elevation to the role of Associate at Kott Gunning Lawyers. Read more about these promotions here

If you would like to discuss any of the issues raised in this monthly Update, please don’t hesitate to contact us. We welcome feedback about our articles, as well as any suggestions you may have for topics you would like to see covered in future editions.  Please email Tanya Kay on tkay@kottgunn.com.au

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Two New Supreme Court Decisions Affecting Local Government Prosecutions

Anne Wood
Partner

Two new Supreme Court decisions will affect the way in which Local Governments charge accused persons and serve prosecution notices. Can you charge for non-compliance with a Direction Notice twice? …
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Workers Compensation – State of Connection Revisited

Vidal Hockless
Partner

Felicity Keays
Special Counsel

A recent Court of Appeal decision involved an important clarification of the law governing jurisdiction in disputes over workers’ compensation claims.
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Workplace Accident – Do You Need a Lawyer?

Why should businesses engage lawyers to assist them to manage all serious workplace incidents? We consider an incident to be a serious workplace incident whenever the employer is obliged to report it to the appropriate regulator (WorkSafe WA or the State Mining Engineer).
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Within the Limitation Period but Abusing the Process – A Cautionary Tale

Private: Ann Spencer
Senior Associate

A recent court decision demonstrates that a party who commences an action within the limitation period may still have their claim dismissed as an abuse of process for delays in commencing the action.
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Go Ahead Given to Amend Strata Titles Act – Overview of Proposed Changes

Private: Greg Mohen
Partner

Co-authored by Emmanuel Solana, Lawyer The Minister for Lands, Terry Redman, announced this month that the Western Australian Government will proceed with fundamental reforms to WA’s strata title system in …
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