Articles

NZ Privacy Act 2020 update #2 – NZ medical practitioners’ obligations

On 1 December 2020, New Zealand’s new privacy regime will come into effect. The new legislation updates New Zealand’s 27-year-old privacy framework, including a new Health Information Privacy Code. Under the Code, medical practitioners continue to have an obligation to provide patients with their health information. They also continue to have an obligation to ensure […]

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By : Sep 4, 2020 Comments Off on NZ Privacy Act 2020 update #2 – NZ medical practitioners’ obligations
Articles, Case Alerts

Enough rope? The limits of disclosure under PIPA

The Supreme Court of Queensland has dismissed an application for disclosure of information about prior incidents. The Court found that claimants have a broad entitlement to request information from respondents about the reasons for an ‘incident’, however, that entitlement is limited to the actual incident, not related incidents. In this article, Paul Spezza and Emma […]

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By : Aug 31, 2020 Comments Off on Enough rope? The limits of disclosure under PIPA
Articles, Case Alerts

NZ Court of Appeal upholds insurers’ right to cancel the policies of fraudulent claimants

Taylor v Asteron Life Limited [2020] NZCA 354: On 19 August 2020, the Court of Appeal upheld insurers’ rights to cancel policies and seek damages when there are fraudulent claims. This decision was also significant as it was the first time the Court of Appeal has applied the common law fraudulent claims rule. In this […]

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By : Aug 28, 2020 Comments Off on NZ Court of Appeal upholds insurers’ right to cancel the policies of fraudulent claimants
Articles, Case Alerts

When recreation means more – NSW Court of Appeal reinforces broad recreational activity definition

Carter v Hastings River Greyhound Racing Club [2020] NSWCA 185: On 21 August 2020, the NSW Court of Appeal again confirmed ‘recreational activities’ do not need to be ‘recreational’ in the ordinary meaning of the term with its decision in Carter. The Court’s decision also reinforced the position that being a volunteer does not affect […]

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By : Aug 25, 2020 Comments Off on When recreation means more – NSW Court of Appeal reinforces broad recreational activity definition
Articles

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 […]

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By : Aug 11, 2020 Comments Off on Institutional duty to prevent sexual assault in other places
Articles

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 […]

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By : Aug 5, 2020 Comments Off on Landmark decision continues trend of higher damages for sexual harassment
Articles

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)

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By : Aug 4, 2020 Comments Off on W+K Cyber Checklists
Articles

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 […]

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By : Aug 4, 2020 Comments Off on Defamation law overhaul looks promising for insurers
Articles, Case Alerts

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) […]

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By : Jul 31, 2020 Comments Off on New RAB Act gives regulator real power to tackle construction defects
Articles, Case Alerts

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 […]

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By : Jul 24, 2020 Comments Off on NSW Court of Appeal addresses obvious risks in horse racing

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