Master of Business Administration, Curtin University (2000)
Graduate Diploma of Business, Curtin University (1999)
Bachelor of Education, NCAE (1980)
High Court of Australia (2006)
Philip joined Kott Gunning in 2014, bringing with him extensive experience in a wide range of local government issues and local government law and commercial and property matters. Prior to his admission Philip had a career in the resources mining sector, which provided him with a broad range of experience. Philip’s practice is predominantly in local government law and commercial matters. He has acted for and advised local government and commercial clients on a wide range of matters including compliance issues, service and commercial agreements, tenders, business acquisitions, leases, land use, construction contracts, roads, rates and Freedom of Information applications. Other experience includes:
- Statutory interpretation of the requirements and compliance of various Local Laws, Town Planning Schemes, Acts and Regulations, including the Local Government Act 1995, Building Act 2011, Planning and Development Act 2005, Public Health Act 2016, Waste Avoidance and Resources Recovery Act 2007, Construction Contracts Act 2004, Competition and Consumer Act 2010, and Corruption, Crime and Misconduct Act 2003.
- Advising on and drafting tender documentation and statutory requirements for tenders.
- Drafting and advising on complex contracts, including Rubbish Removal and Waste Management Contracts, Airport Management Contracts, Road Use and Maintenance Agreements, and Medical Services Contracts.
- Advising on town planning issues, including drafting town planning scheme provisions, interpretation of scheme requirements, enforcement of planning approval conditions, and appeals in the State Administration Tribunal and Courts.
- Advising on statutory requirements and governance and compliance issues, employee and councilor misconduct, the quasi-judicial role of Council and perceived bias, and defamation.
- Drafting and advising on leases, licenses, easements, land development contracts, and developer contribution agreements.
- Advising on Regional Local Government Agreements.
- Presenting legal papers to local governments in relation to Councilor duties, statutory compliance, the quasi-judicial role of Council, perceived bias, and other legal issues.
- The Supreme Court Refused a Remedy Due to Unwarranted Delay
- New Assessment Pathway for ‘Significant Developments’ in Part 17 of the Planning and Development Act 2005 (WA)
- Construction of the Rules of an Incorporated Association in WA
- COVID-19 – WA’s Proposed Residential Tenancies (COVID-19 Response) Bill 2020 (15 April 2020)
- Failing to Comply with a Local Government Standards Panel Order
- Law Society of Western Australia