Emerging General Liability Trends Update

There have been a number of general liability trends strengthening or emerging across 2020. Construction risks remain a hot topic given the increased infrastructure activity across all states, coupled with the high levels of political, public and media attention on building defects and cladding issues. There is also growing interest in litigation funding activity focussing […]

NSW building industry’s mandatory insurance requirements begin to take shape

On 17 November 2020, the NSW Government released the Draft Design and Building Practitioners Regulation 2020 (NSW) for public consultation, which is designed to support an effective legislative framework for industry reform. Insurers will need to know what mandatory insurance requirements will be put in place for design and construction practitioners. Whilst not in a […]

NZ Privacy Act 2020 update #3 – The serious ‘serious harm’ decision

Today New Zealand’s new privacy regime comes into effect. Arguably the most important change created by the Act is that it is now mandatory for businesses to report privacy breaches in situations likely to cause serious harm. Assessing whether a business has a reasonable belief that a breach has caused serious harm can be a […]

Supreme Court confirms opt-out representative class actions are available with Southern Response decision

On 17 November 2020, the Supreme Court handed down its decision in Southern Response Earthquake Services Limited v Ross [2020] NZSC 126. The decision confirms opt-out orders should be made available in representative actions where appropriate. Southern Response highlights that a plaintiff’s proposal should be adopted, including whether to make it opt-out or opt-in, unless […]

Informed Insurance: Critical Uncertainties 2020/21

2020 has reminded us all how quickly our world can be turned upside down. As the market considers how best to prepare for a resilient future, scenario planning is a key tool that can begin to provide the answers. Wotton Kearney has joined with our Legalign Global alliance partners to produce the Critical Uncertainties series […]

NSW Court of Appeal requires actual subjective intent to cause injury to exclude operation of the CLA

On 18 November 2020, the Court of Appeal handed down its decision in Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc [2020] NSWCA 294. Wotton Kearney acted for the Northern Lakes Rugby League Sport & Recreation Club Inc and Brendan Fletcher in their successful defence of the appeal proceedings. The decision provides […]

New rating system for NSW building practitioners and buildings coming next year

The NSW Government is implementing a building reform agenda with the aim of changing the culture and capability of the NSW building industry. The new rating system and digital initiatives are designed to boost both compliance and long-term confidence in the industry. W+K’s construction specialists Charu Stevenson and Robert Finnigan feature in the October issue […]

Resource hub: Legislative reform of the building and construction industry in NSW

The NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the building and construction industry. The new legislation, in particular 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 […]

Ipswich City Councillors’ claim for reinstatement dismissed with costs

In an otherwise no costs jurisdiction, the Queensland Industrial Relations Commission recently ordered costs against former Ipswich City Councillors who were seeking reinstatement and remuneration. Wotton Kearney acted for the Ipswich City Council in successfully defending the proceedings and obtaining the costs orders. In this article, Raisa Conchin and Manja Lalovic explain why this decision […]