October 2015

Speedy and Fair Conduct of WorkCover WA Proceedings
Top 10 Risks in Shareholders Agreements
Role of the Superintendent in Construction Projects
Employers’ Indemnity Insurance – Recovery Claim “Shunned”
Risk Management for Event Organisers from a Legal Perspective
Making a Will for a Person Lacking Capacity

This month we bring you updates on insurance, risk, local government, construction, estate planning, corporate and commercial law. We welcome feedback about our updates, as well as any suggestions you may have for topics you would like to see covered in future editions.

On Wednesday, 4 November managing partner Tom Darbyshire will present a lunchtime seminar on Due Diligence for Phoenix Companies at the Governance Institute of Australia at 8 Victoria Avenue Perth. For more information and to register click here

Kott Gunning is hosting a lunchtime seminar titled Mythbusters on Tuesday, 24 November about the usefulness of common safety practices in incident prevention and in developing and maintaining a safety culture. The event features Michael Morgan of RiskLink, and a panel including Local Government Insurance Services (LGIS) and the Chamber of Commerce and Industry of Western Australia (CCI). Very limited spaces are still available. For more information click here or contact events@kottgunn.com.au.

Read more about upcoming events on our website – www.kottgunn.com.au/events


Speedy and Fair Conduct of WorkCover WA Proceedings

Ashley Crisp
Partner

BHP Billiton Iron Ore Pty Ltd and Walls [2015] WADC 113 on appeal from the Workers Compensation and Arbitration Service (WA). Mr Walls claimed workers compensation as a result of …
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Top 10 Risks in Shareholders Agreements

Emma Leys
Partner

This paper was co-authored by Kellie Cook, Senior Associate All companies registered in Australia are required to have a constitution, which outlines the obligations and processes between the company and …
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Role of the Superintendent in Construction Projects

Laurie James AM
Partner

This paper is written on the assumption that the Superintendent will be working under AS4000-1997. The Duties of the Superintendent Clause 20 of AS4000 looks at the Superintendent fulfilling all …
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Employers’ Indemnity Insurance – Recovery Claim “Shunned”

Vidal Hockless
Partner

Henrik Eklund
Senior Associate

The Anshun estoppel, which was the basis for the decision is perhaps the least technical, and certainly the less often to be seen in these actions. Its application is a useful reminder of the risks that arise where there is a partial resolution of claims in an action.
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Risk Management for Event Organisers from a Legal Perspective

Stephen Williams
Partner

Extracts from a paper presented at an Events Industry Association WA seminar titled Legal Rights and Responsibilities on 27 October 2015 at Ascot Racecourse. The presentation focused on the concepts …
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Making a Will for a Person Lacking Capacity

Mark Fatharly
Partner

Ann Spencer
Senior Associate

It is clear that the use of statutory wills will be in growing demand and could be used in a range of circumstances, including where significant tax consequences or significant family disputes could flow from not adequately making a statutory will or codicil, particularly as the population grows.
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