Kott Gunning Lawyers

Kott Gunning Lawyers is a mid-tier independent Western Australian commercial and private client law firm established in 1919.  Our areas of practice include Commercial and Finance, Commercial Dispute Resolution, Property, Building and Construction, Insurance and Risk, Employment Law and Workplace Safety, Government and Private Client services such as Family Law and Wills, Estates and Trusts.

The firm has wide-ranging experience in providing legal services on property, development and planning matters, including property settlement services to corporate, government, local government, statutory body and private sector clients.  Many of our clients manage extensive property portfolios.  

Our team has significant experience acting on behalf of buyers and sellers in relation to residential and commercial property settlements, including undertaking due diligence where required.

We have acted for various development entities for many years. Services include acting in relation to the purchase of land, attending to the sub-division into mixed commercial and residential staged strata development, acting in relation to the sale or leasing of those lots, and liaising with the Western Australian Planning Commission and local councils.

In particular, Kott Gunning Lawyers provides guidance to retirement village operators and prospective residents on - residence contracts and disclosure; management and compliance of retirement villages and general advice in relation to obligations under the Retirement Villages Act.

Our experience includes:

Contracts for Sale of Land and Businesses

We have considerable experience in drafting, negotiating, reviewing and advising on contracts of sale, deeds of land exchange, tender and auction contracts and other related agreements or documents required for sale and purchase of commercial and residential properties and businesses. 

Property Settlements and Due Diligence

Our team has significant experience acting on behalf of buyers or sellers in relation to residential and commercial property settlements, including undertaking due diligence where required. We are frequently called upon to undertake due diligence on the sale or purchase of property. This can range from undertaking basic general enquiries, to complete due diligence. 

Leasing and Licensing; and Lease Assignments and Terminations

Kott Gunning Lawyers has extensive experience with leasing and licensing matters enabling us to deal with any leasing requirement.

Land Development Transactions

We have significant experience in advising and acting for clients in preparing, negotiating and advising on deeds, contracts, agreements and tenders relating to land development transactions, subdivisions, building and strata title subdivisions, joint ventures and trusts and all other associated documents required for the development of property or matters involving the subdivision of land.

Private Client Services

Kott Gunning Lawyers provides a comprehensive estate planning service to individuals, from simple distributions to more complex wills, establishing tax effective and asset protecting testamentary trusts and special disability trusts. We are involved in the administration of numerous estates per year, either in our capacity as executors or by assisting executors to administer estates.

Kott Gunning Lawyers provides advice and assistance to trustees and beneficiaries of private inter-vivos trusts. We offer discretion to many clients who do not wish to be known for their charitable donations.

Our experience includes:

  • Advice and estate planning in light of potential Family Court issues for beneficiaries and potential or expected family provision claims.
  • Preparing non-contentious Supreme Court applications including applications for Grants of Probate, Grants of Letters of Administration for intestacy matters and applications for the proof of informal wills.
  • Attending to general estate administration, including share transfers and transmission, survivorship applications, transmission applications and property conveyancing.
  • Advising of entitlements and options in circumstances where somebody has died without a will.
  • Trust and estates litigation – in particular Guardianship and Administration matters.

Kott Gunning Lawyers offers a free Will and Estate Planning Health Check with a lawyer.

Popular Articles

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What makes a great retirement village manager?

As anyone who lives in a retirement village will tell you, the village manager is a central figure who is critical to the success of the village and the happiness and wellbeing of village residents. But there’s no doubt the village manager plays an essential role. So, what is the role of a retirement village manager?

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Retirement villages without exit fees? They’re happening!

Retirement villages without exit fees? They’re happening! Now, some of Australia’s largest retirement village operators are looking at new ways to pay for retirement villages that don’t include exit fees – indeed, there are calls for some exit fees to be banned.

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What sort of profits do retirement village owners make?

The number of Australians over the age of 75 is expected to increase by 70% over the next six years. The number of Australians over the age of 80 is expected to triple to more than 3.5 million over the next 40 years. As the number of older people in Australia surges, so too does demand for age-appropriate housing – such as retirement villages, which offer an affordable lifestyle, community, and ongoing health and wellness support.

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73% of Australians willing to sacrifice inheritance for aged care

Nearly three-quarters of all Australians are willing to sacrifice their own inheritance so their parents and grandparents can enjoy the retirement they deserve, according to a new report by B2B aged care service CompliSpace.

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Volunteers are the backbone of the aged care sector, and more are needed

Tens of thousands of people, of all ages, such as 90-year-old Lily Burns and 20-year-old Charlise Hannagan, volunteer in aged care homes. The Change Makers is the theme for this year’s National Volunteer Week, 15 to 21st May, which celebrates the vital work of volunteers.

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What is the Future of Rental Retirement Villages?

Across Australia there are approximately 300 rental retirement villages – but few more are likely to be built, which is an unfortunate situation for older Australians. Rental retirement villages operate much like normal rentals, but they offer older Australian with limited financial means the opportunity of housing security, health and lifestyle support, and a welcoming and safe community.

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This is the food that you can get in residential aged care

Uniting NSW.ACT is aware of the criticism that is often levelled at the food served in residential aged care homes. The Not For Profit is passionate about the food served to residents and determined that as well meeting residents’ nutrition needs, their food looks and tastes delicious and as well as catering to their individual desires as much as possible.

A special thanks to our contributors

Caroline Egan

DCM Media, agedcare101

Caroline has a wealth of experience writing within the retirement and aged care sector and is a contributing journalist for the Villages.com.au and agedcare101 blog and accompanying newsletters.

Ian Horswill


Ian is a journalist, writer and sub-editor for the aged care sector, working at The DCM Group. He writes for The Weekly Source, agedcare101, villages.com.au and the DCM Institute fortnightly newsletter Friday. Ian is in daily contact with CEOs of retirement living, land lease and the aged care operations and makes a new contact every week. He investigates media releases, LinkedIn and Facebook for a good source for ideas for stories.

Lauren Broomham

Retirement and Aged Care Journalist

Lauren is a journalist for villages.com.au, agedcare101 and The Donaldson Sisters. Growing up in a big family in small town communities, she has always had a love for the written word, joining her local library at the age of six months. With over eight years' experience in writing and editing, she is a keen follower of news and current affairs with a nose for a good story.

Jill Donaldson


Jill has been practicing as a clinical physiotherapist for 30 years. For the last 13 years she has worked solely in the Aged Care sector in more than 50 metropolitan and regional facilities. Jill has also toured care facilities in the US and Africa and is a passionate advocate for both the residents in aged care and the staff who care for them. She researches and writes for DCM Media.

Chris Baynes

DCM Media, agedcare101

Chris has been a journalist and publisher in the retirement village and aged care sectors for 11 years. He has visited over 250 retirement villages and 50 aged care facilities both within Australia and internationally. Chris is a regular speaker at industry conferences plus is a frequent radio commentator.

Annie Donaldson

Nurse and Carer

Annie has a long career in both nursing and the media. She has planned and co-ordinated the medical support from both international TV productions and major stadium events. In recent years she has been a primary family carer plus involved in structured carer support.