Taylor v Asteron Life Limited [2020] NZCA 354: On 19 August 2020, the Court of Appeal upheld insurers’ rights to cancel policies and seek damages when there are fraudulent claims. This decision was also significant as it was the first time the Court of Appeal has applied the common law fraudulent claims rule. In this […]
Carter v Hastings River Greyhound Racing Club [2020] NSWCA 185: On 21 August 2020, the NSW Court of Appeal again confirmed ‘recreational activities’ do not need to be ‘recreational’ in the ordinary meaning of the term with its decision in Carter. The Court’s decision also reinforced the position that being a volunteer does not affect […]
The NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the construction industry. In part three of our series examining the reform package, we look at the Building Commissioner’s significant new powers designed to prevent developers from constructing defective buildings under The Residential Apartment Buildings (Compliance and Enforcement Powers) […]
In a judgment delivered on 23 July 2020, the NSW Court of Appeal has addressed the nature of obvious risks involved in horse racing using a broad interpretation of s. 5L of the Civil Liability Act. In this article, Charles Simon and Patrick Thompson explain how this decision helps clarify key definitional questions and provides […]
On 30 June 2020, New Zealand’s privacy regime was reformed with the royal assent of the Privacy Act 2020. The new legislation will come into effect on 1 December 2020. The new legislation introduces a range of reforms that bring New Zealand into line with international best practice for privacy and data protection. These include mandatory […]
Throughout its long life the Feltex representative action proceeding has created a number of significant decisions. With the latest New Zealand High Court decision in Houghton v Saunders, the matter is now on the brink of being struck out. In this update, W+K’s Antony Holden and Michael Cavanaugh look at how the latest Feltex judgment is […]
In this recent decision, the Victorian Supreme Court held that it should consider the type, amount and potency of the asbestos used in the relevant products when apportioning liability between two manufacturers. The decision also highlights that, in making an assessment of comparative responsibility, the Court will not adopt an “overly mathematical” approach to apportionment. […]
Wotton Kearney is committed to keeping our clients informed of the insurance and broader business implications of the coronavirus outbreak. With senior insurance law experts across major policy types and market sectors, we are well placed to provide advice and tailored support in product lines and claims areas we specialise in. On this page you […]
Wotton Kearney acted for a valuation firm in proceedings commenced in the Supreme Court of NSW regarding its valuation of a property at Wallalong, NSW. The valuers successfully applied to have a limitation defence determined as a separate question, and the matter was removed to the NSW Court of Appeal. The NSW Court of Appeal […]
On 9 March 2020, the Office of the Australian Information Commissioner (OAIC) lodged Federal Court proceedings against Facebook for ‘serious and/or repeated’ breaches of the Privacy Act in an action that is the first of its kind in the Australian legal landscape. The case marks the turning point where the Australian regulator signals more of […]
