November 2018

Encroachment and Adverse Possession
You Gotta Fight For Your Right To Light! Protecting Your Home’s Solar Access
Aged Care Quality Standards – The Basics
To Occupy or Not to Occupy
Can a Grouped Dwelling Unit be Split Into Two and Rented Separately? No!
The Australian Financial Complaints Authority Rules – What You Need To Know
Short Term Accommodation… Cash Cow or Criminal Conduct?
Mighty River Flows to the High C – High Court Endorses Holding DOCAs

Welcome to our November Legal Update for clients, business partners and other interested parties. We hope you find this update useful.

You are invited to the following events at Kott Gunning –

These events are free and refreshments will be provided.

Please help us support women in need through Share the Dignity’s #itsinthebag donation campaign. Our foyer at 140 St Georges Terrace is an official collection point.

This Sunday is Remembrance Day and there are a number of events planned to commemorate the centenary of Armistice. The From Law to War to Peace  exhibition pays tribute to men like our founding partner Max Kott and we encourage you to see it.

If we can assist you in any way please contact us.

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Encroachment and Adverse Possession

Brenton Oakley
Consultant

It is timely to look at the principles of encroachment and adverse possession. These concepts and their relationship to each other are often confused and misunderstood.
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You Gotta Fight For Your Right To Light! Protecting Your Home’s Solar Access

Jonathan O’Connor
Lawyer

This article explains the avenues through which home owners can ensure that their home’s access to sunlight is protected.
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Aged Care Quality Standards – The Basics

Conor Breheny
Associate

From 1 July 2019, aged care service providers subsidised by the Commonwealth Government will need to comply with new Quality Standards.
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To Occupy or Not to Occupy

Anne Wood
Partner

Carol Hamilton
Lawyer

Occupancy Certificates under the Building Act 2011 are important and failure to obtain one can lead to significant fines.
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Can a Grouped Dwelling Unit be Split Into Two and Rented Separately? No!

Anne Wood
Partner

New decision confirms that planning approval is required to split a grouped dwelling into two. The matter is currently the subject of an appeal.
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The Australian Financial Complaints Authority Rules – What You Need To Know

Jonathan O’Connor
Lawyer

AFCA Rules have been in effect since 1 November 2018, which is when AFCA started receiving complaints from consumers.
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Short Term Accommodation… Cash Cow or Criminal Conduct?

Carol Hamilton
Lawyer

Many planning schemes do have the ability to control short term accommodation, and where planning approval is required and not obtained, it is an offence.
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Mighty River Flows to the High C – High Court Endorses Holding DOCAs

Tom Darbyshire
Partner

Insolvency practitioners across the country can breathe a sigh of relief with the High Court resolving an argument that began in the WA Supreme Court at the beginning of last year.
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