Articles - Page 2 of 38 - Wotton Kearney

Articles, Case Alerts

Full Federal Court backs privilege protections in voluntary disclosures to ASIC

By: Amanda Beattie and Gavin Davies. At a glance The Full Federal Court has determined that disclosure of a privileged expert report to ASIC in accordance with a voluntary disclosure agreement (VDA) did not amount to a waiver of privilege. This decision restores confidence in VDAs as a valuable tool for companies cooperating with ASIC […]

By : Joshua Weiler Feb 11, 2025 Comments Off

Articles, Thought Leadership

2025 Workplace & Safety Guide: Navigating employment, industrial relations, and safety law

With evolving legislation and shifting workplace norms, keeping up with employer obligations and employee rights has never been more important. That’s why we’ve released our 2025 Workplace & Safety Guide — a comprehensive resource designed to help businesses and HR professionals navigate the complexities of employment, industrial relations, and safety law. Packed with practical strategies […]

By : Joshua Weiler Jan 30, 2025 Comments Off

Articles, Case Alerts

ASIC v Union Standard International Group Pty Ltd – the extra-territorial reach of an Australian Financial Service Licensee’s obligation to act efficiently, honestly and fairly

By: Cain Jackson and Samantha Younane ASIC v Union Standard International Group Pty Ltd (No 4) [2024] FCA 1481 At a glance The Federal Court has determined that the obligation to act efficiently, honestly and fairly extends to services provided to clients outside Australia. The decision highlights risks for AFSLs providing products like CFDs to […]

By : Joshua Weiler Jan 20, 2025 Comments Off

Articles

Navigating legal issues in contracting for AI solutions

By: Nick Martin At a glance AI solutions differ significantly from traditional technology products, requiring businesses to take a different approach in addressing the usual issues in technology contracts, such as data security, IP ownership, liability and service levels. Conducting thorough due diligence and implementing robust testing or trial periods are crucial for customers to […]

By : Joshua Weiler Dec 19, 2024 Comments Off

Articles, Case Alerts

Federal Court judge finds John Pesutto defamed Moira Deeming

By: Georgie Austin and Deniz Coskundag Deeming v Pesutto (No 3) [2024] FCA 1430 At a glance Parliamentary Member Ms Moira Deeming was awarded $300,000 in damages after the Federal Court ruled that she was defamed by a series of statements and media interviews made by Victorian Opposition Leader Mr John Pesutto, following a rally […]

By : Joshua Weiler Dec 17, 2024 Comments Off

Articles, Case Alerts

Victorian Court of Appeal allows Western Bulldogs’ appeal against damages award

By: Richard Leder, Jacquie Goodwin, Blake Pappas and Deniz Coskundag Footscray Football Club Ltd v Adam Kneale [2024] VSCA 314 At a glance The Victorian Court of Appeal has allowed the Club’s appeal against the quantum of Mr Kneale’s general damages and economic loss claim, significantly reducing the jury’s $5.9 million award of damages to […]

By : Joshua Weiler Dec 13, 2024 Comments Off

Articles, Thought Leadership

Tech professionals and AI: Navigating liability and emerging risks

By: Stephen Morrissey, Christy Mellifont and Kayleigh Maxwell At a glance AI technology faces growing scrutiny over data privacy and cybersecurity concerns, with the Australian Government introducing voluntary safety standards and exploring mandatory guardrails for high-risk AI applications. Generative AI is raising legal questions about copyright infringement, ownership of AI-generated works, and liability under Australia’s […]

By : Joshua Weiler Dec 13, 2024 Comments Off

Articles, Case Alerts

Pafburn: High Court ruling reshapes liability for developers and builders under the DBP Act

By: Charu Stevenson, James Clohesy and Chris Knight Pafburn Pty Limited v The Owners – Strata Plan No 84674 [2024] HCA 49 At a glance The High Court ruled that developers and builders cannot rely on proportionate liability defences for breaches of the DBP Act duty of care due to its non-delegable nature. The decision […]

By : Joshua Weiler Dec 12, 2024 Comments Off

Articles

Proposed changes to Victoria’s building regulatory system are likely to increase consumer protections – but what will it mean for builders, relevant building surveyors and design professionals?

By: Sarah Metcalfe, Andrew Brennan and Nick Lux At a glance The release of the Victorian Building Authority’s (VBA) independently commissioned report ‘Victorian Building Authority – The Case for Transformation’1 in October 2024 (VBA Report) provided the background to important reforms to the Victorian building regulatory regime recently announced by the Victorian Minister for Planning2 […]

By : Anja Vogel Dec 5, 2024 Comments Off

Articles, Case Alerts

Defendant bears a heavy burden in proving unfair trial for successful stay applications

By: Greg Carruthers-Smith, Gemma Burke and Maria Canon RC v The Salvation Army (Western Australia) Property Trust [2024] HCA 43 At a glance The High Court of Australia has allowed an appeal to set aside a judgment staying civil proceedings relating to alleged sexual abuse occurring in 1959/60. The death of the perpetrator and the […]

By : Joshua Weiler Dec 3, 2024 Comments Off

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