Institutional duty to prevent sexual assault in other places

The ACT Supreme Court has recognised that an institution can, in specific circumstances, owe a duty of care to take steps to protect the safety of intoxicated persons, including from the risk of criminal acts by a third party. In this case, a university college was found liable for the sexual assault of a resident […]

Landmark decision continues trend of higher damages for sexual harassment

The Full Federal Court has confirmed its strong stance against sexual harassment in the workplace by appropriately reflecting society’s intolerance to such conduct. In this decision, the Court upheld the trial judge’s decision to award general damages of $120,000 and aggravated damages of $50,000. In this article, W+K’s Raisa Conchin and Manja Lalovic examine this […]

W+K Cyber Checklists

Guide to cyber breaches (Download PDF) Cyber readiness (Download PDF) Privacy for Small Businesses – Does the NDB Scheme Apply to Me? (Download PDF) Industry checklist – Finance (Download PDF) Industry checklist – Health (Download PDF) Industry checklist – Not for Profit (Download PDF) Industry checklist – Professional Services (Download PDF)

Defamation law overhaul looks promising for insurers

Australia’s Attorneys-General have agreed to a major overhaul of Australia’s defamation laws, with the proposed changes in the Defamation Amendment Bill 2020 intended to rein in defamation claims and provide some proportionality between costs and damages. In this update, W+K’s Rob Finnigan and David Frew look how these changes should assist insurers in assessing defamation […]

New RAB Act gives regulator real power to tackle construction defects

The NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the construction industry. In part three of our series examining the reform package, we look at the Building Commissioner’s significant new powers designed to prevent developers from constructing defective buildings under The Residential Apartment Buildings (Compliance and Enforcement Powers) […]

NSW Court of Appeal addresses obvious risks in horse racing

In a judgment delivered on 23 July 2020, the NSW Court of Appeal has addressed the nature of obvious risks involved in horse racing using a broad interpretation of s. 5L of the Civil Liability Act. In this article, Charles Simon and Patrick Thompson explain how this decision helps clarify key definitional questions and provides […]

Compliance declarations – NSW’s new regime for construction professionals set to improve the industry’s risk profile

With the Design and Building Practitioners Bill 2020, the NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the construction industry. In this second article in our series examining the reform package, we look at the new compliance declaration regime that will require building practitioners with reporting obligations to […]

Supporting vulnerable people during the pandemic

I’m pleased to be able to share a feature about Wotton Kearney’s pro bono work, which was published in the latest edition of Lawyers Weekly. W+K’s Community Footprint program has long focused on providing pro bono and community support in the areas of senior’s rights, domestic violence, homelessness and refugees and people seeking asylum in […]

NZ Privacy Act 2020: Update 1 – What the new law means for insurers and their insureds

On 30 June 2020, New Zealand’s privacy regime was reformed with the royal assent of the Privacy Act 2020. The new legislation will come into effect on 1 December 2020. The new legislation introduces a range of reforms that bring New Zealand into line with international best practice for privacy and data protection. These include mandatory […]

Triangular arrangements recognised – the Employment Relations (Triangular) Amendment Act 2019

Triangular employment relationships have always been legal in New Zealand but have been criticised for being easily abused and for leaving workers without legal remedies. Addressing these concerns, The Employment Relations (Triangular) Amendment Act 2019 comes into effect on 27 June 2020. It updates the Employment Relations Act 2000 to provide more robust protections for […]