I am delighted to announce that on 4 February 2012 Wotton Kearney celebrated its 10th anniversary! Having started in Sydney in 2002 with a team of just six, the firm now employs more than 70 specialist insurance lawyers, including 18 in our Melbourne office which opened in 2007. This growth was highlighted in 2011 when […]

Losing chances: the High Court’s decision in Tabet v Gett [2010] HCA 12 and the renewed focus on causation Introduction The High Court’s decision in Tabet v Gett [2010] HCA 12 was handed down on 21 April 2010. This case creates a fundamental change in the way many injured patients will be able to sue […]

The High Court last week confirmed that insurers bear the onus of proving the limit of indemnity under their policies [1]. Background Mr Stewart (Stewart) alleged that he was exposed to asbestos fibre causing the deadly lung condition, mesothelioma, during the course of his employment with Pilkington Bros (Australia) Limited (Pilkington) from 1964 to about […]

In Victoria workers who suffer a Serious Injury have a right to seek common law damages against the worker’s employer and, where applicable, against other negligent third parties. Such actions have been frequent in labour hire situations, e.g. where a temporary employee is placed with a host employer. Insurers will be aware of the frequency […]

We are proud to have been named “Insurance Specialist Firm of the Year” in the ALB Australasian Law Awards. Chief Executive Partner, David Kearney said “Peer recognition confirms our approach to insurance law and cements our status as the leading boutique insurance law firm in Australia.” “Naturally, we are thrilled to have won. We thank […]