August 2017

Labour Hire Lessons for WA: a Pain in the Neck?
Sour Grapes: Supermarket Liability in Causal Act of Negligence
A Mighty Relief for Insolvency Practitioners: Holding DOCAs upheld by WA Court of Appeal
Am I in a Defacto Relationship?
The Bunnings ABN Scam and the Contractor v Employee Debate
My Will and the Effect of Marriage, Separation and Divorce
There is no such Thing as Retrospective Planning Approval: Supreme Court Confirms
Don’t Ask Me: Properly Proofing Your Client To Give Evidence

Welcome to the August edition of our monthly newsletter.

Kott Gunning Lawyers is a supporter of the Australian Institute of Management’s popular Inspirational Leader Series of breakfasts.  The 12 September event features Terry Agnew FAIM, Group CEO RAC WA.

Tom Darbyshire and Mike Baldwin will be presenting an exclusive Whistleblower Protection briefing for AIM WA corporate members and Kott Gunning clients on the impending changes to whistleblowing laws, on 18 September at AIM WA.

If you would like to attend either event as a guest of Kott Gunning’s – please email events@kottgunn.com.au (limited tickets available).

The Asia Pacific Insurance Conference will be held from 18 – 20 October 2017 in Singapore and is supported by the Australian Insurance Law Association (AILA). For more information please contact  Stephen Williams, AILA national Vice-President.

Congratulations to Melusha Robson from LGIS who has won the 2017 AILA Ron Shorter Memorial Award for Professionalism in Public Speaking in WA for her speech on disruptive technologies and its impact on the insurance industry.

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Labour Hire Lessons for WA: a Pain in the Neck?

Mike Baldwin
Special Counsel

Daniel Coster
Associate

The Queensland Supreme Court recently ruled on an interesting personal injury negligence claim which importantly also shines a light on the OH&S policies of principals and their implications for labour …
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Sour Grapes: Supermarket Liability in Causal Act of Negligence

Stephen Williams
Partner

Rhonda Carson
Lawyer

Woolworths v McQullian sends a clear signal that reasonable precautions when maintaining vigilance for supermarket hazards are the key to minimising your risk of a public liability claim, not perfection.
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A Mighty Relief for Insolvency Practitioners: Holding DOCAs upheld by WA Court of Appeal

Tom Darbyshire
Partner

Insolvency practitioners, bracing for the next wave of insolvency law reforms to take effect on 1 September 2017, have one less thing to worry about after the Western Australian Court …
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Am I in a Defacto Relationship?

Danielle Hadida
Lawyer

A defacto relationship is defined by section 13A of the Interpretation Act 1984 (WA) as a “marriage-like” relationship. In practical terms, this can be a very broad definition. In determining …
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The Bunnings ABN Scam and the Contractor v Employee Debate

Mike Baldwin
Special Counsel

The recent articles on the Bunnings ABN scam link to an issue that is commonly experienced by individuals and businesses. That is, whether a worker is a contractor or an employee.
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My Will and the Effect of Marriage, Separation and Divorce

Claire Hawke-Gundill
Senior Associate

Danielle Hadida
Lawyer

It is very important to keep your will up to date to reflect any changes in your personal circumstances, including marriage, separation and divorce.
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There is no such Thing as Retrospective Planning Approval: Supreme Court Confirms

Anne Wood
Partner

The Supreme Court has confirmed that planning approvals issued under section 164 of the Planning and Development Act 2005 for already existing uses do not retrospectively approve those developments.
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Don’t Ask Me: Properly Proofing Your Client To Give Evidence

Daniel Coster
Associate

The Hollier v Bettesworth decision is an example of where inconsistencies and insufficient detail in a party’s evidence can detract from an otherwise straightforward case.
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