Cyber claims likely to rise following announcement of digital regulatory reform and Australia’s first privacy class action decision

On 11 December, the Australian Government announced its reform package in response to the ACCC’s digital platforms inquiry, which includes a series of initiatives designed to address the market power, transparency and fair competition associated with tech giants. For insurers, the proposed strengthening of regulations – combined with news of the NSW Ambulance workers’ settlement […]

The critical role of decision makers in adverse action claims

The recent Full Federal Court of Australia decision, Australian Red Cross Society v Queensland Nursing Union of Employees [2019] FCAFC215, serves as a timely reminder of the importance of “decision maker” evidence in adverse actions claims. In this update, Wotton Kearney’s Chris Mossman and Lisa Schumacher look at employers’ exposures around decision makers and ways insureds […]

Federal Court orders defendant to pay indemnity costs for misconduct

BAM Property Group Pty Ltd as trustee for BAM Property Trust v Imoda Group Holdings Pty Ltd (No.2) [2019] FCA 2072 On 9 December 2019, the Federal Court ordered the unsuccessful defendants in a shareholder oppression action to pay the plaintiffs’ costs of the entire proceedings on an indemnity basis. In this update, Andrew Moore […]

NSW Court of Appeal grants permanent stay for institutional defendant

On 9 December 2019, the NSW Court of Appeal granted a permanent stay of proceedings, as sought by an institutional defendant in a matter involving historic child sexual abuse claims. This decision confirms there is scope to obtain a permanent stay where the lack of evidence would unfairly prejudice the defendant. In this article, Meisha […]

NSW outlaws insurance for WHS penalties

The NSW Government will be the first state government to outlaw insurance for WHS penalties when the Work Health and Safety Amendment (Review) Bill 2019, which is currently before the NSW Parliament, becomes operative. The legislation is expected to come into effect early next year. The proposed Bill sets out three new offences regarding insurance for […]

The Current State Of Personal Injury Litigation – Western Australia

Wotton Kearney is pleased to release the first of our series of guides aimed at helping insurers, brokers and their respective clients to understand the varying regimes and trends in personal injury litigation across Australia – starting with Western Australia. The Current State of Personal Injury Litigation in WA is set against the backdrop of the declining […]

Wotton Kearney named a 2019 Employer of Choice

Wotton Kearney is pleased to have been named a 2019 Employer of Choice in Australasian Lawyer’s inaugural Employer of Choice rankings announced this week. Firms were assessed on the qualitative and quantitative information they provided in areas including remuneration, diversity and inclusion, training and professional development, health and wellbeing. According to the award organisers, there […]

Extended powers for the REA Disciplinary Tribunal in NZ are now in force

On 29 October 2019, the Real Estate Agents Disciplinary Tribunal in New Zealand gained the jurisdiction to order a licensee to pay compensation of up to $100,000 where they are found guilty of unsatisfactory conduct. The threshold for unsatisfactory conduct is lower than the previous threshold of misconduct. On the same date the Disputes Tribunal […]

Revisiting historical sexual abuse settlements in NSW

A recent decision of the Supreme Court of New South Wales in Magann v Trustees of the Roman Catholic Church of the Diocese of Paramatta [2019] NSWSC 1453 affirmed the “once and for all” effect of a 2007 deed of release between the applicant plaintiff (Magann) and respondent defendant (Diocese). This matter involved Mr Magann […]