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 […]
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”. […]
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 […]
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 […]
There have been two significant developments in the silicosis space this week. On Wednesday, Parliament tabled the National Occupational Respiratory Disease Registry Bill 2023. If passed, the legislation will establish a national register for recording all incidents of occupational dust disease. The initiative is based on the recommendation of the National Dust Disease Taskforce and […]
In recent years, documentary series like Netflix’s Making a Murderer and podcasts such as The Teacher’s Pet have proved wildly popular, with tens of millions of users streaming each worldwide. However, online publications like these are treated as being continuously published so they carry a higher risk of attracting contempt of court charges than printed […]
On 1 May 2023, the Victorian County Court handed down its judgment in the Rosata matter. The decision has taken respondents in Victoria by surprise and may overturn a process that has been bedded down over the last 20 years. In Rosata, the County Court held that the Medical Panel can only make one determination […]
Australia is seeing sweeping state-based legislative reform intended to regain public confidence in the building and construction industry. For example, in NSW, the Design and Building Practitioners Act 2020 will have a significant effect on establishing the liability of design and building practitioners within the construction industry and how they are insured. In contrast, the […]
On 4 April 2023, ASIC commenced its first proceeding against an insurer under the unfair contract terms regime. The term in question is contained in a home and contents insurance contract and concerns an obligation on the insured to notify the insurer if “anything changes about your home or contents”. The allegedly unfair contract term […]
At W+K we are committed to making a difference in people’s lives through our pro bono and responsible business program – Community Footprint. In this report, we reflect on 10 years of Community Footprint and celebrate the positive impacts we have made. These include raising more than half a million dollars for our deserving charity […]
