November 2017

The Workers’ Compensation and Injury Management Amendment Bill 2017 (WA) – What You Need to Know
WA Bushfires Planning and Building Regulations – Designed to Increase the Chances of Survival in a Bushfire
Supreme Court of South Australia Increases Exemplary Damages Award
Marriage of 14 Year Old Held Invalid by Family Court of Western Australia
Impending Insurance Indemnity Ruled Not Enough to Set Aside a Statutory Demand
Promised the Family Property but the Promise Has Been Broken – Insight from Currie v Currie [No 2] [2017] WASC 312
Rule of Forfeiture Extended: Supreme Court Upholds American Authority That You Cannot Indirectly Benefit from a Criminal Act

Welcome to the November edition of our monthly newsletter.

Cyber attacks are one of the most acute risks facing Australian businesses today. Prior to the introduction of new cyber laws in February 2018 – Kott Gunning will be participating in a series of briefings to discuss how these changes could impact your reputation and brand, what preparations you can still make, and the future of cyber risk mitigation.

Please email events@kottgunn.com.au for more information. Kott Gunning also has topical articles on the subject, including 14 Cyber Risk Management Steps and 404 error: Cyber Security for Business.

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The Workers’ Compensation and Injury Management Amendment Bill 2017 (WA) – What You Need to Know

Stephen Williams
Managing Partner

The Bill aims to increase the entitlements for dependants of deceased workers and to simplify and expedite the claims process.
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WA Bushfires Planning and Building Regulations – Designed to Increase the Chances of Survival in a Bushfire

Anne Wood
Partner

WA’s planning and building requirements in bushfire prone areas have changed to increase chances of survivability during a bushfire.
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Supreme Court of South Australia Increases Exemplary Damages Award

Stephen Williams
Managing Partner

The case is significant for the fact the South Australian Supreme Court ordered the award for exemplary damages to be increased to $250,000 on appeal, making it the largest ever such award in South Australian history.
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Marriage of 14 Year Old Held Invalid by Family Court of Western Australia

Private: Danielle Hadida
Lawyer

The recent decision of KADAR and GYUSZI held that the parties’ 25 year long marriage, which produced 5 children, was invalid.
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Impending Insurance Indemnity Ruled Not Enough to Set Aside a Statutory Demand

Private: Ann Spencer
Senior Associate

The recent case of Primestyle Pty Ltd v Fluhler illustrates that each component of a statutory demand must be solid and asserting a right of indemnity is not sufficient to set aside a statutory demand.
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Promised the Family Property but the Promise Has Been Broken – Insight from Currie v Currie [No 2] [2017] WASC 312

Private: Mark Fatharly
Partner

This decision shows once again that a person may be prevented from breaking a promise to give property to another in certain circumstances.
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Rule of Forfeiture Extended: Supreme Court Upholds American Authority That You Cannot Indirectly Benefit from a Criminal Act

Private: Ann Spencer
Senior Associate

A recent decision has confirmed that a criminal wrongdoer cannot benefit indirectly as a result of the crime they committed.
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