Articles - Wotton Kearney

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From ‘joint and several’ to proportionate liability in the building sector: A movement towards the Australian model

By: Jack Murison and Filip Nikolic Background On 18 August 2025, the New Zealand Government announced several proposed changes to the Building Act 2004 and the consent process as part of its wider plan to make building in New Zealand cheaper and more efficient. These changes are wide-ranging, targeting several steps, roles, and responsibilities across […]

By : Joshua Weiler Sep 10, 2025 Comments Off

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Vacant roles not required: High Court shifts test on redundancy obligations

By: Laura Gavan and Kirsty Easdale Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29 The High Court of Australia has recently clarified the scope of an employer’s redeployment obligations where an employer seeks to defend an alleged unfair dismissal on the basis of genuine redundancy. In Helensburgh Coal Pty Ltd v Bartley [2025] HCA […]

By : Joshua Weiler Aug 28, 2025 Comments Off

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What is actual knowledge? Essential risk management strategies for councils

By: Lesley Woodmore, Sam McNally and Tenielle Corcoran Willis v Orange City Council [2025] NSWDC 208 Note: Wotton Kearney has prepared this as part of our Statewide Mutual Risks Conference 2025 coverage – be sure to visit us in Sydney. For more insights like this, explore our Local Government hub. Overview On 9 July 2020, […]

By : Joshua Weiler Aug 27, 2025 Comments Off

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South Australian court sets new benchmark for historical abuse damages

By: Cheryl Phillips, Matthew Elson and Beljana Dally B P v K R & ANOR [2025] SASC 58 At a glance The Supreme Court of South Australia awarded the applicant $400,000 in general damages arising from sexual abuse she suffered at the hands of two respondents during her formative and adult years. This matter will […]

By : Joshua Weiler Aug 25, 2025 Comments Off

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Court upholds hospital treatment despite alleged surgical delay

By: Trudi-Ann Mercurio Toon v Central Adelaide Local Health Network [2025] SADC 98 At a glance The South Australian District Court dismissed a medical negligence claim for damages against the Central Adelaide Local Health Network (CALHN) following treatment for compartment syndrome compounded by a closed brachial plexus injury. The Court found no breach of duty […]

By : Joshua Weiler Aug 18, 2025 Comments Off

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RMA changes set to reshape statutory liability cover

By: Misha Henaghan and Matt Hutcheson As part of New Zealand Government’s planned reform of the Resource Management Act 1991 (RMA), the first major step is the introduction of the Resource Management (Consenting and Other System Changes) Amendment Bill (Bill). The Bill proposes a range of changes to consenting and planning rules, and two important […]

By : Joshua Weiler Aug 18, 2025 Comments Off

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Upward damages trend continues in sexual harassment case

By: Laura Gavan, Caitilin Watson and Ashi Muraleetharan Magar v Khan [2025] FCA 874 On 1 August 2025, the Federal Court of Australia (FCA) handed down judgment in Magar v Khan [2025] FCA 874, awarding the claimant $305,000. This amount comprised general, aggravated, and compensatory damages, including compensatory damages for past and future economic loss. […]

By : Joshua Weiler Aug 12, 2025 Comments Off

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New public interest defence tested in landmark Federal Court decision

By: Richard Leder and Isabelle Ferrali Al Muderis v Nine Network Limited In a landmark decision, the Federal Court of Australia has sent a clear message to plaintiffs: think very carefully before embarking on a defamation suit. Background and details of the Al Muderis v Nine Network Limited case Last Friday afternoon, 8 August 2025, […]

By : Joshua Weiler Aug 11, 2025 Comments Off

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High Court shuts down solicitors’ CFOs in the Federal Court

By: Amanda Beattie and Gavin Davies In a decision that is bound to disappoint plaintiff law firms but delight litigation funders, the High Court has quashed the Full Federal Court’s decision to allow solicitor’s CFOs in the Federal Court in the Blue Sky Class Action (see Kain v R&B Investments Pty Ltd Ernst & Young […]

By : Joshua Weiler Aug 8, 2025 Comments Off

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NSW Court of Appeal confirms school’s duty of care extends beyond the bell

By: Greg Carruthers-Smith, Meisha Tjiong and Chad Farah State of New South Wales v T2 (by his tutor T1) [2025] NSWCA 165 At a glance In October 2017, a Year 9 student was violently assaulted by his peers shortly after the school bell, and outside school boundaries, sustaining significant injuries. The New South Wales Court of […]

By : Joshua Weiler Jul 28, 2025 Comments Off

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