Articles

New Zealand Law Commission releases long-awaited report on class action and litigation funding

The New Zealand Law Commission’s long-awaited report on class action and litigation funding was released on 27 June 2022. The 483-page final report contains a broad range of recommendations, including a recommendation that there should be a Class Action Act and amendments to the High Court Rules. In this update, W+K’s Antony Holden and Michael […]

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By : Jul 1, 2022 Comments Off on New Zealand Law Commission releases long-awaited report on class action and litigation funding
Articles

Roe v Wade – a lesson in complacency

On 24 June 2022, the United States Supreme Court overturned the 1973 decision of Roe v Wade. The decision has been criticised widely, including by many world leaders, as it is likely to cause significant social and economic impacts, particularly for many of America’s most vulnerable women. In this update, W+K Associate Summer Walker sits […]

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By : Jun 29, 2022 Comments Off on Roe v Wade – a lesson in complacency
Articles

Queensland to ban claim farming

On 22 June 2022, the Queensland Parliament passed new laws banning claim farming of personal injury claims in the state. The Personal Injuries Proceedings and Other Legislation Amendment Act 2022 (PIPOLA) seeks to end the proliferation of claim farming in Queensland through amendments to the Personal Injury Proceedings Act 2002 (PIPA), the Workers’ Compensation and […]

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By : Jun 24, 2022 Comments Off on Queensland to ban claim farming
Articles

The legal position on gender dysphoria treatment in Australia

Recently, there has been considerable political discourse and public interest in the issue of gender affirmation surgery. In this update, W+K health law specialists Claudine Watson-Kyme and Marie-Clare Elder look at the legal position on gender dysphoria treatment in Australia and provide a brief history of the Family Court’s decisions regarding this issue. Click the […]

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By : Jun 10, 2022 Comments Off on The legal position on gender dysphoria treatment in Australia
Articles

WA’s new workplace health and safety laws – the importance of a ‘global’ approach to WHS incidents

On 31 March 2022, the Work Health and Safety Act 2020 WA (WHS Act) came into effect. The major change for the insurance sector from the harmonised WHS legislation is that WHS penalties are no longer insurable. For insurers and brokers, this means it is important to ensure renewed policies do not contain terms that […]

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By : Jun 10, 2022 Comments Off on WA’s new workplace health and safety laws – the importance of a ‘global’ approach to WHS incidents
Articles

Rise and fall clauses could be another tool to hang on a constructor’s belt

With construction industry participants seeing an increase in costs, rise and fall clauses have been floated as a solution for easing current cost pressures. Essentially, a rise and fall clause in a construction contract shifts key project pricing risks from the contractor to the principal. In this update, W+K’s Construction PI specialists Aaron Bolton, Robert […]

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By : Jun 9, 2022 Comments Off on Rise and fall clauses could be another tool to hang on a constructor’s belt
Articles, Case Alerts

NSW Court of Appeal again grants a stay of historic child abuse civil litigation

The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 The NSW Court of Appeal has overturned a first instance decision and stayed historic child abuse proceedings in circumstances where the alleged perpetrator had died before the allegations were put to him. The case was stayed despite evidence […]

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By : Jun 6, 2022 Comments Off on NSW Court of Appeal again grants a stay of historic child abuse civil litigation
Articles

Online defamation position remains unclear after Voller settles and Anti-Trolling Bill lapses

In the wake of the High Court’s landmark decision in Voller, social media platform providers and their insurers are still awaiting clarity on the defamation issues raised in the case. The Voller decision confirmed that Facebook page operators were liable as ‘publishers’ for defamatory third-party comments left on their social media posts. However, the defence […]

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By : Jun 1, 2022 Comments Off on Online defamation position remains unclear after Voller settles and Anti-Trolling Bill lapses
Articles

Risk profile for construction professionals rises with new Supreme Court decision

Following the recent decision in Goodwin, the Supreme Court of NSW has handed down another decision that considers the scope of the duty arising under the DBPA and to whom it is owed. In Pafburn, the court established the duty is prima facie owed by those who are able to control how the construction work […]

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By : May 31, 2022 Comments Off on Risk profile for construction professionals rises with new Supreme Court decision
Articles

NSW Supreme Court clarifies scope of statutory duty of care for construction industry

On 19 May 2022, the Supreme Court of NSW handed down the first substantive decision on the application of the statutory duty of care introduced by Part 4 of the Design and Building Practitioners Act 2020 (NSW) in June 2020. The effect of this judgment is that, arguably, the statutory duty of care extends to […]

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By : May 23, 2022 Comments Off on NSW Supreme Court clarifies scope of statutory duty of care for construction industry

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