Employee Class Actions: New claims in the flexible employment economy

The gig economy is reshaping employee class actions, with recent decisions classifying independent contractors and casual workers as employees. Historically, employee class actions were the monopoly of the union movement. But with the waning of union membership and influence, and the rise of the gig economy and large numbers of casual workers, litigation funders are […]

Something to be reckoned with – Royal Commission recommendations for claims

Many significant recommendations have been made in Commissioner Hayne’s Final Report arising out of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry. While there has been significant commentary about the recommendations broadly, one recommendation that is likely to have a significant impact on the insurance industry has received relatively little […]

#MeToo is not over: sexual harassment claims to stay in the spotlight in 2019

Claims for sexual harassment have risen significantly in Australia during the past year, and they will keep rising. The recommendations from the National Inquiry into Sexual Harassment in Australian Workplaces could mean new claim types emerge. A rise in claims, combined with the renewed focus on sexual harassment, will cause businesses to increasingly take out […]

Insurance for WHS fines – will they soon be prohibited?

Are fines appropriate penalties to deter companies and directors from breaching WHS laws when they can be indemnified by their insurers? Should insurance policies that cover these monetary penalties be made illegal and void? At the moment, companies and directors are able to insure against the risk of fines for breaches of WHS laws, however […]

International D&O Update

There have been some interesting global developments that are changing the landscape for D&O insurers. In this first edition of our International D&O Update, we have joined with our Legalign Global alliance partners to bring a summary of landmark cases and regulatory developments that will impact insurers both here in Australia and across the globe. […]

Insurance Remodelled – 2018/19 Market Conditions & Trends Report

I am delighted to welcome you to the launch of our annual Legalign Global insurance report, Insurance Remodelled, 2018/19 Market Conditions & Trends. The report has been produced by our Legalign Global partner DAC Beachcroft for a number of years to assist the insurance industry in the UK and has now been expanded to include […]

NSW EPA concedes more protection for individuals subject to “special executive liability”

In recent years, the issue of environmental protection has grown in importance.  As a result, the powers of the NSW Environmental Protection Authority (the EPA) to investigate and prosecute environmental offenders (including corporations and individuals) are being increasingly applied. Last month in Fordham v EPA [2018] NSWCA 167, the EPA clarified that any responses provided […]

ASIC bolsters cross border powers with landmark agreement

The Australian Securities and Investments Commission (ASIC) recently announced that it has become one of the first signatories to a new co-operative agreement between leading international securities regulators in the UK, USA, Hong Kong, British Columbia and Singapore. In our article “ASIC Bolsters Cross Border Powers With Landmark Agreement”, Special Counsel Naomi Miller reviews the […]

Heidi Nash-Smith Announced 2018 Pro Bono Partner of the Year

Heidi Nash Smith, partner at W+K, has been awarded the prestigious Lawyers Weekly ‘Pro Bono Partner of The Year’ Award last Friday evening. Chosen from an exceptional list of pro bono candidates, Heidi has been responsible for growing the W+K pro bono program from 12 lawyers to 68 this year, which accounts for more than […]

Autonomous vehicles: insurance and product liability implications on land and on the high seas

Wotton Kearney partner, Belinda Henningham, along with Peter Allchorne, Wendy Hopkins, Olya Melnitchouk, Andrew Parker and Toby Vallance from our Legalign Global Alliance partner firm, DAC Beachcroft, explore whether the insurance industry is ready for the potential shift in policy coverage relating to autonomous vehicles and crewless ships. Belinda states that”…should the Australian Federal Government […]