New national safety standards for quad bikes

On 11 October 2021, phase 2 of the Consumer Goods (Quad Bikes) Safety Standard 2019 came into effect. It addresses minimum stability criteria and operator protection devices for quad bikes. In this article, W+K’s Scott Macoun and Trent O’Neill, assisted by Adrian Ballard, look at changes to the national standard and discuss how they may […]

Global settlement agreements can cut both ways: Consider the recovery

Earlier this month the Australian Federal Court provided helpful guidance to insurers entering into settlement agreements with their insureds. The Full Court in AAI Insurance Limited trading as Vero Insurance v Technology Swiss Pty Ltd  considered the doctrine of subrogation, how it applies when entering “full and final” settlement agreements before recovery is commenced, and […]

COVID-19 Mandatory Vaccination Order – Health and disability & Education sectors

From 26 October 2021, the COVID-19 Public Health (Vaccination) Order was extended to include workers in the health and disability and education sectors. The lack of time between the announcement, its publication and the requirement to have at least a first dose of vaccination – as well as confusion over who is affected and who […]

Flooding definition decision keeps insurer’s position afloat

The Landel decision is the third Queensland instalment in ‘flood definition’ cases, which arise from the unfortunate events of the 2011 Brisbane floods and the more recent 2019 Townsville floods. In this matter, the insured lodged two claims for damage caused by monsoonal rain events and consequent flooding in and around Townsville. One was accepted […]

Cladding appeal decision provides further clarity about the ‘attachment’ exception

A recent decision to uphold a NCAT appeal decision has provided a useful judicial articulation of some of the relevant clauses from the Building Code of Australia regarding cladding compliance. The decision also provides further clarity about the ‘attachment’ exception which, in certain circumstances, permits the use of combustible cladding. W+K’s Marcus Saw looks at […]

Health and disability sectors in New Zealand must engage with unvaccinated workers now

On 11 October 2021 the New Zealand Government announced its intention to extend the COVID-19 Public Health Response (Vaccinations) Order 2021 (vaccination order) to require high risk workers in the health and disability sectors to receive their first vaccination dose by 30 October 2021 and to be fully vaccinated by 1 December 2021. Employers in […]

Should it be the end of the line for ransom cover?

Tackling ransomware attacks continues to be top of mind for the Australian Government. On 13 October 2021, the Australian Government released its Ransomware Action Plan that proposes, among other things, for certain companies to have mandatory reporting obligations for ransomware attacks. A Cyber Security Cooperative Research Centre policy paper on cyber insurance was also released, […]

COVID-19 vaccinations – FAQs for New Zealand employers

Until this week, there has been limited legal mandate requiring vaccination of New Zealand employees, other than border workers, via the COVID-19 Public Health Response (Vaccinations) Order 2021. That changed on 11 October 2021 when the New Zealand Government announced an extended vaccination mandate to include high risk workers in the health and disability sector, […]

Legal developments in the building and construction industry

Wotton Kearney Construction PI specialists Nick Lux and Robert Finnigan feature in the October issue of NIBA Insurance Adviser magazine to provide an update on Australia’s building and construction industry reforms, including key regulatory and risk developments affecting the sector and their implications for insurance brokers. This includes sweeping state-based legislative reform intended to regain […]

The Financial Markets Authority speaks!

Conduct and Culture Two – this time its Fire and General The Financial Markets Authority has released its Insurance Conduct and Culture: Fire and General Insurers Update. The report is a key indicator of the regulator’s views of the industry in the context of the suite of regulation that is coming into full force in […]