September 2014

No Change to Employer Obligations – Mutual Trust and Confidence Term Struck Down
Statutory Demands – How to Prove an Offsetting Claim
Changes to Laws Affecting Incorporated Associations in Western Australia Update
Forcing Amalgamations – Update 5
Highway Hauliers, Final Roll – High Court Dismisses Appeal
Effect of Amalgamation on Crown Land under Management Orders
The 5Z Protection for Local Government
Is Your Service Charge Invalid?
Family Law and Bankruptcy: Does One Affect the Other?

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No Change to Employer Obligations – Mutual Trust and Confidence Term Struck Down

Since our previous article “Employer Obligations – Fundamental Change Ahead?” the full bench of the High Court handed down its decision in the ground-breaking appeal of Commonwealth Bank of Australia …
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Statutory Demands – How to Prove an Offsetting Claim

Tom Darbyshire
Partner

The slowdown of the mining boom in Western Australia has caused cash flows to tighten throughout the State economy.  This has seen a spike in the use of statutory demands, …
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Changes to Laws Affecting Incorporated Associations in Western Australia Update

The Associations Incorporations Bill 2014 This is a brief update to our May 2014 briefing paper of the same title. The Associations Incorporations Bill (the Bill) was introduced into the …
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Forcing Amalgamations – Update 5

Anne Wood
Partner

Correct as at 8 September 2014 On 2 December 2013, Kott Gunning released “Forcing Amalgamations – Update 3”. This update – “Update 5” has been prompted by the recent publicity …
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Highway Hauliers, Final Roll – High Court Dismisses Appeal

Vidal Hockless
Partner

Maxwell v Highway Hauliers [2014] HCA 33 On 10 September the High Court published its reasons for decision on the appeal by insurers against the Court of Appeal in Western Australia upholding …
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Effect of Amalgamation on Crown Land under Management Orders

Brenton Oakley
Consultant

Introduction Another question to consider for Local Governments facing the Commencement of an amalgamation is what effect this might have upon Crown land that has been leased by a Local …
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The 5Z Protection for Local Government

Philip Mavor
Senior Associate

The District Court of Western Australia recently considered the scope of the protection for road authorities of section 5Z of the Civil Liability Act 2002 (CLA 2002) in the case …
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Is Your Service Charge Invalid?

Philip Mavor
Senior Associate

The case of City of South Perth and Minister for Local Government [2012] WASAT 177 in the State Administrative Tribunal (SAT), clarified that a service charge may only be imposed …
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Family Law and Bankruptcy: Does One Affect the Other?

More often than not financial stress, such as a party claiming bankruptcy, can be a major factor in a relationship breakdown. Other times, and inevitably following separation, the parties’ property …
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