High Court clarifies it’s all about the employment contract

On 4 August 2021, the High Court handed down its decision in WorkPac v Rossato and unanimously and emphatically overturned the decision of the Full Federal Court. In combination with recent changes to the Fair Work Act 2009 (Cth), the High Court’s decision in WorkPac provides important guidance for employers and their EPL insurers on […]

Recent actions tackle expanding ransomware threat

Ransomware has established itself as one of Australia’s fastest growing cybercrime threats. In recent months, both the Australian Government and Opposition have taken action against this serious threat, with further changes flagged. In this update, W+K cyber and privacy specialists Kieran Doyle, Samuel Hartridge and Ronny Raychaudhuri look at these developments and explore how they […]

Additional COVID-19 Rules in NSW: Construction employers’ questions answered

As construction shuts down in NSW today and tradespeople down tools as a result of further COVID-19 restrictions across Greater Sydney, there are many questions that remain unanswered. In this update, W+K’s Sian Gilbert, Chris Mossman and Chris Spain, assisted by Ella Lim, look at the options available to construction employers, including standing down employees, […]

High Court determines leaky defect exclusion

On 21 June 2021, the High Court handed down its substantive decision on the application of a leaky defect exclusion against a mixed defect claim in Napier City Council v Riskpool. The High Court upheld Riskpool’s declinature of a defective building claim for Waterfront Apartments by Napier City Council. In doing so, it addressed issues […]

NSW Court of Appeal offers further guidance on when notified facts give rise to a claim

With the recent Kauter Investments decision, the NSW Court of Appeal has provided further guidance on prior notified facts that might give rise to a claim. In this article, W+K’s Charu Stevenson and Yen Tan examine the implications of this decision for insurers and provide a comparative table of previous authorities as a comprehensive guide […]

OPC gets tough on mandatory privacy breach notification in New Zealand

Just over six months after requirements for mandatory notification of serious privacy breaches were introduced with the Privacy Act 2020, the Office of the Privacy Commissioner (OPC) has released further guidance in a blog post. The update makes it clear the OPC has ended the grace period for agencies to adapt to the new rules. […]

PFAS – A chemical of concern

The rapidly developing regulatory landscape regarding PFAS, the growing number of lawsuits and the big settlements being reached are creating significant concern within the insurance industry. In this update, W+K’s Charu Stevenson, Raisa Conchin, Ronald Mok and Sarah Mellowes provide some background on the PFAS issue and look at the issues it raises for the […]

New Conduct and Client Care Rules create compliance risks for NZ solicitors

The new Conduct and Client Care Rules are coming into force on 1 July 2021. They bring with them some significant changes that are likely to impact on solicitors’ negligence risks. In this article, W+K’s Rebecca Scott and Julia Whitehead provide a brief overview of the changes and look at some of the issues they […]