Articles - Wotton Kearney

Articles

Proposed ban on non-compete clauses: What employers and insurers need to know

By: Sian Gilbert and Charli Kearney At a glance The Albanese Government plans to ban non-compete clauses for employees earning under $175,000, with changes expected to take effect in 2027. Businesses will need to consider stronger confidentiality and non-solicitation clauses, and tailor restraints for senior or high-risk roles. The change may reduce some litigation but […]

By : Joshua Weiler Apr 16, 2025 Comments Off

Articles

Decommissioning offshore installations in Australia: Legal and contractual issues

By: Naraya Lamart and Ollie van der Zee At a glance Decommissioning is a necessary and planned stage in the life of every offshore petroleum project, requiring consideration from the outset and ongoing development throughout the project’s life. Over the next 50 years, Australia is expected to see USD40.5 billion in offshore decommissioning activity, primarily […]

By : Joshua Weiler Apr 14, 2025 Comments Off

Articles

Whodunnit: Labour hire and vicarious liability

By: Angela Winkler and Chad Farah De Martin & Gasparini Pty Ltd v Bartlett [2025] NSWCA 56 At a glance The Court of Appeal upheld that DMG was vicariously liable for the unidentified worker’s negligence, based on circumstantial evidence showing the worker was likely DMG’s direct employee. The Court overturned the trial judge’s finding and […]

By : Joshua Weiler Apr 9, 2025 Comments Off

Articles

GCOs, CFOs and soft class closure: The High Court weighing in on key class action issues

By: Amanda Beattie, Jonathon Ferraro and Madeleine Wright At a glance High Court Decision on GCOs: The High Court ruled that Group Costs Orders (GCOs) issued by the Supreme Court of Victoria (VSC) are not enforceable in other courts, influencing jurisdictional decisions in class actions. BlueSky Class Action Challenge: The Court is reviewing whether solicitors […]

By : Joshua Weiler Mar 19, 2025 Comments Off

Articles

PFAS litigation: A deep dive into the rise of consumer-led claims and its implications

By: Amanda Beattie, Zoe Jones and Nick Salagaras At a glance In December 2024, a consumer-led PFAS class action was filed against 3M Australia Pty Ltd in the Supreme Court of Victoria. Despite significant US litigation, this marks the first class action against 3M in Australia related to PFAS contamination and the first consumer-led PFAS […]

By : Joshua Weiler Mar 12, 2025 Comments Off

Articles

Is your MSA fit for purpose? Key legal issues for MSPs

By: Nick Martin At a glance As a provider of technology services and solutions, how well do you understand the legal issues and risks that your Master Services Agreement, or other standard form contract document (MSA) should cover and protect you against? When was your MSA last updated? How often do you have to change […]

By : Joshua Weiler Feb 28, 2025 Comments Off

Articles

Victoria Sentencing Advisory Council recommends a 400% increase in maximum penalties for breaching health and safety duties

By: Chris Spain, Laura Gavan and Petra Kolovos At a glance The Occupational Health and Safety Act 2004 (Victoria) (OH&S Act) is the primary workplace health and safety law governing Victorian workplaces. Importantly, it sets out the health and safety duties that employers owe to their employees, contractors, visitors and the public at large. On […]

By : Joshua Weiler Feb 28, 2025 Comments Off

Articles, Case Alerts

Are prior circumstances a thing of the past?

By: Thomas Cavanagh and Gina Groskops Allianz Australia Insurance Limited v Uniting Church in Australia Property Trust (NSW) [2025] FCAFC 8 At a glance The Full Federal Court has overturned the decision of Justice Lee1 and confirmed that Allianz Australia Insurance Limited (Allianz) was entitled to decline indemnity to Uniting Church in Australia Property Trust (NSW) (UCPT) for […]

By : Joshua Weiler Feb 27, 2025 Comments Off

Articles, Case Alerts

Davis v Wilson: The bar for successful shareholder class actions gets higher and higher

By: Amanda Beattie and Zoe Jones At a glance Following its decisions in other shareholder class actions late 2023 and 2024, the Federal Court has handed down yet another unfavourable decision for shareholders (Davis v Wilson [2025] FCA 108). The claim alleged that Quintis’ CEO, Frank Wilson, and its auditor, Ernst & Young, engaged in […]

By : Joshua Weiler Feb 26, 2025 Comments Off

Articles, Case Alerts

Successful ‘declassing’ application in Waller Legal class action: Implications for institutional defendants?

By: Amanda Beattie, Zoe Jones and Nick Salagaras At a glance The Supreme Court of Victoria has granted an application made by a defendant (Waller Legal) for a claim to no longer proceed as a group proceeding. The claim made by the lead plaintiff, Jane Jones (a pseudonym) alleged that Waller Legal breached its duty […]

By : Joshua Weiler Feb 20, 2025 Comments Off

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