A new way of looking at vicarious liability for abuse?

CCIG Investments Pty Ltd v Schokman [2023] HCA 21 On 2 August 2023, the High Court of Australia overturned an appeal from the Queensland Court of Appeal, finding an employer was not vicariously liable for its employee’s act of drunken urination, which occurred in employer-provided shared accommodation. While we looked at the implications of that […]

Get to know Stephen Morrissey, new partner and technology liability specialist

Tell us about your journey to becoming a partner at W+K I joined W+K in 2018, having worked in insurance since 2009. Since joining W+K, I have been fortunate enough to work with a number of market-leading lawyers who have assisted me to develop my skills and provided an environment where my career progression has […]

High Court overturns decision in vicarious liability case involving ‘bizarre’ conduct

CCIG Investments Pty Ltd v Schokman [2023] HCA 21 On 2 August 2023, the High Court of Australia overturned an appeal from the Queensland Court of Appeal to find the employer was not vicariously liable for an employee’s tortious act, which occurred in employer-provided shared accommodation. In Schokman, the High Court considered that the mere […]

Queensland Supreme Court grants another permanent stay of proceedings in historical sexual abuse case

ADA v State of Queensland [2023] QSC 159 On 24 July 2023, the Queensland Supreme Court granted a permanent stay of proceedings involving two allegations of sexual abuse that were alleged to have occurred in 1968 and 1973. The claims were made against the State of Queensland but will have equal standing against similar cases […]

Get to know Leanne Ho, new partner and community & pro bono specialist

Tell us about your journey to becoming a partner at W+K My journey to partner has possibly been one of the most unorthodox ones, which is what makes it special. My human rights lawyering path has included roles in community legal centres, advising United Nations peacekeeping missions in Kosovo and Liberia, and more recently as […]

Intergovernmental tax transparency arrangements create clear risks for accountants

New Zealand tax residents are generally required to pay tax on their worldwide income, even if they do not bring it into New Zealand or another country has already deducted tax. As intergovernmental tax transparency agreements and treaties have improved the flow of information across borders, there is an increased risk of professional negligence claims […]

Class actions overview for FY23

Class actions are now a key feature of the litigation landscape in Australia. Recognising that insurers and insureds take a sophisticated approach to defending class actions, W+K has established a unique class action defence offering. We now have senior class action defence lawyers, with top tier experience, working alongside our partners with deep insurance product […]

And the Turning Point competition winner is…

W+K is delighted to announce the winner of the inaugural Wotton Kearney Turning Point competition – Nathan McLellan, Vice President – First Party Claims, Asia Pacific, Liberty Specialty Markets. Nathan, with contribution from W+K Special Counsel Matthew Foglia, wrote a paper on “The importance of clarifying LEG2 and LEG3 during the transition to clean energy”. […]

Are CFDs ever a good idea for insurers (or investors)?

The short answer to both questions is no – most of the time. In the words of Beach J of the Federal Court, CFDs are “little more than gambling”. ASIC has also identified that more than 70% of retail clients who trade CFDs lose money. For insurers of financial institutions and professional advisors, CFDs create […]

W+K launches Reconciliation Action Plan

I am proud to let you know that W+K launched its inaugural Reconciliation Action Plan last week. This RAP reflects our commitment to transformation and shows how we intend to stand with our First Nations people to build a better future for everyone. It outlines a pathway for having a positive impact on Aboriginal and […]