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July 2018

	Cyber Liability Insurance – Insuring the Intangible Don’t Delay If You Think You Have a Claim Against a Deceased’s Estate Yet Another Man Behaving Badly – Sending Inappropriate Emails and Text Messages When it Comes to Workers Compensation, When is a Travelling Expense Not a Travelling Expense? Battle of the Clauses Providing a Villa for One’s Own Benefit is Not ‘Land Used for a Charitable Purpose’ WA Supreme Court Doubles Down on What Constitutes ‘Reasonable Restriction’ When Examining Restraint Clauses in Employment Contracts SAT Determines Validity of Developer Contribution Superannuation and the Age Pension where Injury Causes Reduced Life Expectancy – Compensable Loss? Arbitrator’s Decision WorkCover WA – Preference of One Medical Opinion Over Another Employer Attendance at Medical Consultations – the Rules
	Kott Gunning is delighted to announce that we have been reappointed to the WALGA Preferred Supplier Panel for Legal Services. We have been a member of this panel for as long as it has existed and have extensive experience (over 30 years in fact) in providing reliable and trusted legal services to the local government sector, including advocacy and advice on SAT matters, property matters, prosecution / appeal matters and contractual issues. Thank you to our many local government clients for continuing to trust us to be their legal partners. In June the Workers’ Compensation and Injury Management Amendment Bill 2017 (WA) became law. Read more about the amendments centred around increasing workers’ compensation entitlements for dependants of deceased workers and simplifying and expediting the claims process in Latest News. ___________________ Share

	Cyber Liability Insurance – Insuring the Intangible Private: Daniel Coster Associate Stephen Williams Managing Partner Cyber insurance is now a mature product which can afford protection to Australian businesses which other insurances may not. More › Don’t Delay If You Think You Have a Claim Against a Deceased’s Estate Private: Ann Spencer Senior Associate A recent decision illustrates the consequences of failing to make an application for further provision out of a deceased’s estate within 6 months. More › Yet Another Man Behaving Badly – Sending Inappropriate Emails and Text Messages Mike Baldwin Special Counsel FWC find former local government employee to have been fairly dismissed for sending inappropriate emails and text messages to colleagues. More › When it Comes to Workers Compensation, When is a Travelling Expense Not a Travelling Expense? Battle of the Clauses Private: Rhonda Carson Lawyer Stephen Williams Managing Partner Looks at entitlement under Section 93L of the Workers’ Compensation and Injury Management Act 1981 – Clause 19(3A) of Schedule 1 v Clause 17(1aa) More › Providing a Villa for One’s Own Benefit is Not ‘Land Used for a Charitable Purpose’ Philip Mavor Special Counsel Local governments should consider the Kingsley decision (and the authorities cited) when considering an application for a rate exemption with respect to aged care accommodation. More › WA Supreme Court Doubles Down on What Constitutes ‘Reasonable Restriction’ When Examining Restraint Clauses in Employment Contracts Mike Baldwin Special Counsel A recent case reinforces the court’s approach to the enforcement of restraint clauses in employment contracts. More › SAT Determines Validity of Developer Contribution Brenton Oakley Special Counsel The State Administrative Tribunal recently considered the validity of the imposition of a Developer Contribution imposed as a condition of planning approval. More › Superannuation and the Age Pension where Injury Causes Reduced Life Expectancy – Compensable Loss? Stephen Williams Managing Partner Private: Daniel Coster Associate The High Court recently handed down a majority decision on an assessment of damages for the loss of expectation of receiving an age pension during the “lost years”. More › Arbitrator’s Decision WorkCover WA – Preference of One Medical Opinion Over Another Ash Crisp Partner BHP Billiton Iron Ore Pty Ltd -v- Treby [2018] WASCA 60 Heard: 21 December 2017 Delivered: 3 May 2018 On Appeal From: District Court of Western Australia More › Employer Attendance at Medical Consultations – the Rules Stephen Williams Managing Partner WorkCover WA recently issued an update on an injured worker’s rights when an employer directs them to attend an employer nominated medical practitioner at the outset of a claim. More ›

Kott Gunning

Level 8, AMP Building
140 St Georges Terrace
Perth WA 6000
T: +61 8 9321 3755

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The information published is of a general nature and should not be construed as legal advice. While we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice. Liability limited by a scheme approved under the Professional Standards Legislation.