Articles - Page 29 of 38 - Wotton Kearney

Articles

COVID-19: Implications for insurers – A Legalign Global Report

The significant impact of the coronavirus pandemic is being felt worldwide. For the insurance sector, the exposures created by the coronavirus are significant as an international event of this size and complexity carries a range of insurance risks, including first party and supply chain business interruption, event cancellation, travel and liability claims. Legalign Global’s alliance […]

By : Anja Vogel Mar 20, 2020 Comments Off

Articles

Silicosis – it’s been around for ages, so why all the fuss now?

The NSW Government has accelerated its new silicosis exposure standard to commence on 1 July 2020, two years ahead of the nationally agreed start date. The legislative changes make silicosis a notifiable disease, so there is an increased prospect that SafeWork NSW will investigate OHS practices on site. Given this legislative change and the surge […]

By : Jala Design Mar 10, 2020 Comments Off

Articles

NSW Court of Appeal overturns $238,000 payout over defamatory email

On 3 March the NSW Court of Appeal overturned an award of $238,000 in damages arising from an allegedly defamatory email announcing an ex-employee’s termination in KSMC v Bowden. The decision provides a useful guide from the NSW Court of Appeal on the difficulties faced by a plaintiff in seeking to defeat a defence of common […]

By : Anja Vogel Mar 6, 2020 Comments Off

Articles, Case Alerts

Supreme Court of Victoria’s historical child sexual abuse decision confirms damages in one case are not binding on another

The Supreme Court of Victoria has handed down its judgment in the matter of Waks v Cyprys & Ors [2020] VSC 44, which involved an assessment of common law damages regarding a claim for historical child sexual abuse. The Waks decision highlights that awards for general damages in Victorian matters continue to turn on their […]

By : Anja Vogel Mar 3, 2020 Comments Off

Articles, Case Alerts

NSW Court of Appeal declines to stay historic abuse matter

On 19 February 2020, the NSW Court of Appeal further clarified its position on granting a permanent stay of proceedings that involve allegations of historical child abuse in Gorman v McKnight [2020] NSWCA 20. Following the Court’s recent decisions regarding this issue in Moubarak bht v Holt and Council of Trinity Grammar School v Anderson, […]

By : Anja Vogel Mar 3, 2020 Comments Off

Articles, Case Alerts

Side-stepping Brookfield strategy fails in NSW Supreme Court

The NSW Supreme Court’s recent decision in Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd [2020] NSWSC 130 involved a novel indirect causation and loss of opportunity claim brought in the context of a defective building dispute. While the case turned on evidential issues, it highlights the challenges faced when bringing claims for defective […]

By : Anja Vogel Feb 28, 2020 Comments Off

Articles, W+K News

Wotton Kearney proud to be gold sponsor of the Lloyd’s Development Group in Australia

Wotton Kearney is delighted to continue our gold sponsorship of the Lloyd’s Development Group (LDG), a not-for-profit group working to provide targeted education and networking opportunities for brokers, underwriters and claims professionals in the Australian insurance market. Modelled off the success of various Lloyd’s and London Market under 35 member groups, LDG provides ongoing professional […]

By : Anja Vogel Feb 24, 2020 Comments Off

Articles, Case Alerts

To opt-in or out – that is the question before the Supreme Court when Ross returns in March

New Zealand has no statutory or regulatory framework that specifically deals with class or representative actions, which is why NZ claimants have relied on High Court rules as the mechanism to bring a representative action. The Courts considered, before Ross v Southern Response Earthquake Services Limited, the rule permitted only an opt-in action for the group. […]

By : Anja Vogel Feb 17, 2020 Comments Off

Articles, W+K News

Property specialist Andrew Moore named a Rising Star in New Zealand

Wotton Kearney is proud to announce that Senior Associate Andrew Moore has been named in NZ Lawyer’s inaugural 2020 Rising Stars list released this week. The list has been established by NZ Lawyer to recognise a small group of up-and-coming stars in the New Zealand legal profession who are committed to making a difference and are showing signs of […]

By : Anja Vogel Feb 13, 2020 Comments Off

Articles

Million dollar dismissal claims

Traditionally, multi-million dollar payouts in employment litigation were only awarded to executives of large corporates and high-profile public figures. With the evolution of the General Protections provisions in the Fair Work Act 1999, “average workers” are now regularly seeking – and winning – high levels of compensation and damages through adverse action claims. W+K’s EPL specialist […]

By : Anja Vogel Feb 12, 2020 Comments Off

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