Articles - Page 27 of 38 - Wotton Kearney

Articles

A new duty of care changes the liability landscape – the impact of the Design and Building Practitioners Bill 2020

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 update, W+K’s Andrew Moore, Robert Finnigan and Chris Knight look at the key issues for insurers created by the introduction of mandatory compliance declarations by construction […]

By : Anja Vogel Jun 9, 2020 Comments Off

Articles, Case Alerts

Striking out a representative action – Houghton v Saunders

Throughout its long life the Feltex representative action proceeding has created a number of significant decisions. With the latest New Zealand High Court decision in Houghton v Saunders, the matter is now on the brink of being struck out. In this update, W+K’s Antony Holden and Michael Cavanaugh look at how the latest Feltex judgment is […]

By : Anja Vogel Jun 5, 2020 Comments Off

Articles

Big compensation for the “difficult” employee and landmark decision on ‘permanent casuals’

There have been two recent decisions that will affect EPL insurers – Tran v. Macquarie University and Workpac v Rossato. The significant damages award of $614,000 in Tran highlights the significant risk associated with taking an adverse action against an employee who has made complaints. The Workpac decision is a landmark judgment that will have […]

By : Anja Vogel Jun 3, 2020 Comments Off

Articles, Case Alerts

Asbestos potency is a liability apportionment factor

In this recent decision, the Victorian Supreme Court held that it should consider the type, amount and potency of the asbestos used in the relevant products when apportioning liability between two manufacturers. The decision also highlights that, in making an assessment of comparative responsibility, the Court will not adopt an “overly mathematical” approach to apportionment. […]

By : Anja Vogel Jun 2, 2020 Comments Off

Articles, Case Alerts, Thought Leadership, W+K News

COVID-19 Resource Centre

Wotton Kearney is committed to keeping our clients informed of the insurance and broader business implications of the coronavirus outbreak. With senior insurance law experts across major policy types and market sectors, we are well placed to provide advice and tailored support in product lines and claims areas we specialise in. On this page you […]

By : Anja Vogel Jun 1, 2020 Comments Off

Articles

How W+K’s pro bono and community partners are providing support to the most vulnerable during COVID-19

In acknowledgement of Law Week 2020, Wotton Kearney is highlighting the important work that our pro bono and community partners are doing to address the needs of clients during the COVID-19 pandemic. In our series of four case studies below we focus on seniors rights, homelessness, domestic violence and refugees. W+K’s Community Footprint program has […]

By : Anja Vogel May 22, 2020 Comments Off

Articles, Case Alerts

An Australian first – privacy regulator commences action against Facebook

On 9 March 2020, the Office of the Australian Information Commissioner (OAIC) lodged Federal Court proceedings against Facebook for ‘serious and/or repeated’ breaches of the Privacy Act in an action that is the first of its kind in the Australian legal landscape. The case marks the turning point where the Australian regulator signals more of […]

By : Anja Vogel Apr 30, 2020 Comments Off

Articles

The new Privacy Act in New Zealand

New Zealand is currently in the process of passing a new Privacy Act. The approach to privacy law and regulation has changed significantly since the implementation of the Privacy Act 1993, and this latest reform is designed to bring New Zealand in line with international best practice. One significant change is the introduction of mandatory […]

By : Anja Vogel Apr 30, 2020 Comments Off

Articles

Get to know Christy Mellifont, Senior Associate and recent DACB secondee

In our next Q&A, we get to know Senior Associate and Financial Lines specialist Christy Mellifont who has recently returned to W+K in Melbourne following a two year secondment with our Legalign Global partner, DAC Beachcroft. How did the opportunity to go on secondment to DAC Beachcroft in London come up? Soon after Wotton Kearney […]

By : Anja Vogel Apr 24, 2020 Comments Off

Articles, Case Alerts, Thought Leadership

NSW Supreme Court refuses leave to sue court-appointed liquidators

Wotton Kearney acted for the court-appointed liquidators in response to an application for leave to commence proceedings against them for alleged negligence and misleading or deceptive conduct. The NSW Supreme Court dismissed the leave application and the proceedings with costs. In this case alert, Cain Jackson, Patrick Boardman and Stephen Morrissey explain why this decision […]

By : Anja Vogel Apr 17, 2020 Comments Off

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