January 2017

Is Your Transfer of Farming Property between Family Members Eligible for the Duty Exemption?
The Unavoidable Accident – Causation in the WA CTP Motor Vehicle Scheme
Is Your Llama Registered?
Damages Awarded for Unacceptable Delay in Diagnosis and Treatment of Medical Condition

Welcome to the January edition of our monthly newsletter.

We welcome 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 Tanya Kay on tkay@kottgunn.com.au

Kott Gunning Lawyers is a proud supporter of the Australian Institute of Management’s popular Inspirational Leader Series of breakfasts.  The first event featuring Richard Goyder AO FAIM, the Managing Director of Wesfarmers, is already sold out. If you would like to join the Kott Gunning table – please let us know on events@kottgunn.com.au

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Is Your Transfer of Farming Property between Family Members Eligible for the Duty Exemption?

Emma Leys
Partner

The duty exemption for transfer of farming property between family members in Western Australia is not a new exemption, but to be eligible for it there are a number of conditions to satisfy. This is a timely reminder about the conditions for eligibility.
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The Unavoidable Accident – Causation in the WA CTP Motor Vehicle Scheme

Daniel Coster
Associate

Stephen Williams
Partner

This case was also likely to have been influential in the State Government’s decision to introduce the Motor Vehicle (Catastrophic Injuries) Act 2016 (WA) creating a no-fault scheme for the care of the injured in motor vehicle accidents involving catastrophic personal injuries.
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Is Your Llama Registered?

Philip Mavor
Senior Associate

The movement of livestock in Western Australia is heavily regulated, with a mandatory livestock ownership, identification, and movement reporting system. The regulatory emphasis on stock traceability is aimed at maintaining access to export markets, and to allow stock to be traced for disease and to deter stock theft.
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Damages Awarded for Unacceptable Delay in Diagnosis and Treatment of Medical Condition

In East Metropolitan Health Service v Martin [2017] WASCA 7 the WA Court of Appeal was required to consider whether limitations in the availability of services in the public hospital system was a justification for delayed diagnosis and treatment and in doing so, reiterated the standard of care to which all patients should be entitled.
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