May 2015

Heavy Fine for Systemic Failures Leading to Road Death
How Can a Landlord Best Protect Their Rights from an Insolvent Tenant
Are Local Governments the Owners of Land Under Management Orders?
Workers’ Compensation and Workplace Bullying
I Won, Now Pay My Costs!
Is Evidence Collected Illegally Always Inadmissible?
Who Decides Who Decides? Delegation in Local Government
Heavy Fine for Systemic Failures Leading to Road Death

The Federal Court has, on 22 May 2015, handed down one of the heaviest penalties seen in Australia for a breach of occupational health and safety laws. This case highlights the need for a high level of attention to detail when designing and implementing safety systems.
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How Can a Landlord Best Protect Their Rights from an Insolvent Tenant

Emma Leys
Partner

This paper was co-authored by Kellie Cook, Senior Associate The Landlord’s ability to recover money from a Tenant in circumstances of insolvency is affected by the security they take, and …
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Are Local Governments the Owners of Land Under Management Orders?

Laurie James AM
Partner

The question as to the identity of the “Owner” of land controlled by a local government under a Management Order arises in the context of the Building Act, eg in …
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Workers’ Compensation and Workplace Bullying

Ken Grunder
Senior Associate

Kott Gunning acted for Riverton in the recent District Court decision of Wilson v Riverton Rossmoyne Bowling and Recreation Club Inc [2015] WADC 54. This matter involved a claim for …
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I Won, Now Pay My Costs!

Ann Spencer
Senior Associate

In civil litigation it is the general position that costs follow the event which means that the losing party will pay the winning party’s costs.  In fact, Order 66 Rule …
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Is Evidence Collected Illegally Always Inadmissible?

Anne Wood
Partner

It is extremely important that evidence for prosecutions is collected legally. If site inspections are not conducted in a legal manner, any evidence that is collected may be deemed inadmissible …
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Who Decides Who Decides? Delegation in Local Government

Philip Mavor
Senior Associate

The principal consideration for a local government when deciding if it should delegate a power or duty is whether the delegation will improve the efficiency of the local government’s operations.
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