October 2017

Full Court Upholds Controversial Sunday Penalty Rates Decision
Unsent Text Message Valid as a Will
WA Industrial Relations System Review – a Waste of Time?
Child Support and Adult Child Maintenance – What Am I Obligated to Pay?
WA Workers’ Compensation – Connection between Reasonable Treatment and a Compensable Injury
The Limits on Non-conforming Use Exemptions
Forging New Law in Insolvency – Cases and Developments Coming Out of the Collapse of the Forge Group

Welcome to the October edition of our monthly newsletter.

Australian businesses are under continual threat from potentially damaging cyber attacks, and the situation is only going to get worse with increasingly complex technological change. A recent Kott Gunning news article provided a useful update including the 2017 ACSC Threat Report released in October and practical cyber risk management steps you can take to help safeguard your business.

Partner Tom Darbyshire will be representing Kott Gunning at the ADVOC Joint Network Meeting from 1 – 5 November in Jaipur India. The event is hosted by ADVOC India independent partner firm Dhruve Liladhar & Co. Tom will be joined by representatives from other independent ADVOC Australia firms, including Colin Biggers & Paisley; Cooper Grace Ward; Maddocks and Norman Waterhouse Lawyers.

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Full Court Upholds Controversial Sunday Penalty Rates Decision

Claudia Lewin
Lawyer

With the Full Court unanimously rejecting all grounds of the Union’s appeal, it seems that any hope affected employees have for avoiding the impact these penalty rate cuts will bring, will only come via legislative change.
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Unsent Text Message Valid as a Will

Mark Fatharly
Partner

In October the Queensland Supreme Court determined that an unsent text message on a mobile phone was valid as a last will.
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WA Industrial Relations System Review – a Waste of Time?

Mike Baldwin
Special Counsel

The simple way forward would be for the WA Government to refer its industrial relations powers to the Commonwealth, as Victoria, New South Wales, Queensland, Tasmania and South Australia did in 2009.
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Child Support and Adult Child Maintenance – What Am I Obligated to Pay?

Danielle Hadida
Lawyer

We are all familiar with Kanye’s iconic line “she got one of your kids, got you for 18 years” – but do you know how much and for how long you are obligated to pay child support?
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WA Workers’ Compensation – Connection between Reasonable Treatment and a Compensable Injury

Ken Grunder
Senior Associate

The decision was foreseeable and confirms that before considering whether treatment is reasonable, the first step is to establish that the treatment is for a compensable injury, or a condition that directly results from a compensable injury.
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The Limits on Non-conforming Use Exemptions

Carol Hamilton
Lawyer

Shire of Collie v Smargiassi Nominees provides further confirmation that the onus of proof lies on an accused to prove on the balance of probabilities that some condition, excuse, exemption, proviso or qualification applies.
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Forging New Law in Insolvency – Cases and Developments Coming Out of the Collapse of the Forge Group

Tom Darbyshire
Partner

One of the harbingers of the end of the mining boom in Western Australia was the collapse of the Forge Group in early 2014.
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