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, […]
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 […]
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 […]
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. […]
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 […]
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 […]
The 2019 Novel Coronavirus has now been declared a Public Health Emergency of International Concern by the World Health Organisation (WHO) – only the sixth time the WHO has made such a declaration. An international event of this size and complexity carries a range of insurance risks. While impacts on some lines of insurance remain […]
We are pleased to share our latest Legalign Global thought leadership publication, Informed Insurance: 2020 Predictions, which has been launched in our region today. Aimed at supporting the global insurance market in preparing for the opportunities and challenges ahead, the report includes over 80 predictions by senior lawyers at the Legalign Global alliance firms, including Wotton […]
The New South Wales Civil and Administrative Tribunal (NCAT) decision in Taylor Construction has put the spotlight on another form of combustible cladding – Biowood. With NCAT accepting that Biowood is a combustible building material that poses an undue fire risk, the Taylor Construction decision has had widespread coverage within the residential strata property industry so owners’ corporations […]
From smart phones and drones to early artificial intelligence and the Internet of Things, technology has the potential to enhance our quality of life in so many different ways. While technological advancements can provide considerable convenience, are we being sold convenience and innovation over security? W+K Cyber specialists Kieran Doyle and Eden Winokur recently talk […]
