Case Alerts - Page 15 of 16

Articles, Case Alerts

The Clean-up Cover

Alan Thorn, Senior Underwriter specialising in environmental impairment liability at Liberty International Underwriters and Raisa Conchin, Partner at Wotton Kearney uncover the need for environmental liability insurance to plug a significant gap that is prevalent in the insurance market with Insurance Business Magazine. Who needs it? Historically, environmental liability insurance was considered a necessity for […]

By : Jala Design Jun 5, 2017 Comments Off

Case Alerts

Is an Occupier’s Liability for a Raised Platform Glaringly Obvious?

Ratewave Pty Limited v BJ Illingby [2017] NSWCA 103 Impact The New South Wales Court of Appeal had to consider whether the occupier of the Manly Pacific Hotel (Hotel) had been negligent in failing to safeguard their premises to avoid the risk of injury involving aesthetic or structural components. Even with Justice Fagan’s minority finding […]

By : Jala Design May 24, 2017 Comments Off

Case Alerts

Discretionary timing of bank’s ‘target hardening’ technology deemed sound in Court of Appeal decision

Banks and other institutions invest significant amounts of time and capital in building systems, processes and procedures to plan for untoward criminal activity to ensure their staff, customers and the public are safe. Wotton Kearney has recently represented Westpac in a matter in the ACT Court of Appeal Roberts v Westpac Corporation [2016] ACTA 68. […]

By : Karen Jones Mar 28, 2017 Comments Off

Case Alerts

The restricted scope of “other insurance” clauses

Andrew Moore and Robert Finnigan discuss the implications of a recent decision by the New South Wales Court of Appeal in Lambert Leasing Inc v QBE Insurance (Australia) Limited [2016] NSWCA 254 which confirms a restrictive operation of section 45 of the Insurance Contracts Act 1984. The limitation of section 45 may lead to increase […]

By : Andrew Moore Nov 3, 2016 Comments Off

Case Alerts

Are we right? The Wrongs Amendment Act now passed in Victoria

The Wrongs Amendment Act 2015 has now passed through the Victorian Parliament and received Royal Assent. The retrospective amendments to the Wrongs Act 1958 remove some restrictions on entitlements to compensation for personal injuries and may substantially increase the entitlements of certain claimants in Victoria. Andrew Seiter (Partner) and Noa Zur (Senior Associate) have updated […]

By : Andrew Seiter Nov 24, 2015 Comments Off

Case Alerts

Re-righting the “Wrongs” retrospectively?

It is likely that the Wrongs Act Amendment Bill 2015 will soon pass through the upper house of the Victorian Parliament. If this occurs, the Wrongs Act 1958 will be amended and certain amendments will operate retrospectively.

By : Andrew Seiter Oct 29, 2015 Comments Off

Case Alerts

What’s wrong with the Wrongs Act in Victoria?

The Victorian Government is again looking at making amendments to the Wrongs Act 1958 which will have important implications for insurers and the conduct of personal injury claims.

By : Andrew Seiter Sep 16, 2015 Comments Off

Case Alerts

Court Rejects Common Fund – for now

Recent data out yesterday showed that 33 new class actions were launched in the 12 months to June 2015, a significant increase on prior years. The threat of a class action is now a leading risk facing Australian companies and there are a plethora of claimant law firms and litigation funders competing to issue the […]

By : Patrick Boardman Aug 20, 2015 Comments Off

Case Alerts

High Court revisits Common Law Duty of Care in the Exercise of Statutory Powers

On 12 November 2014, the High Court handed down its decision in Hunter and New England Local District Health v McKenna & Simon [2014] HCA 44, which revisits the circumstances in which a common law duty will exist alongside obligations created by statute. The case involved tragic circumstances where a man with a history of […]

By : Jala Design Nov 20, 2014 Comments Off

Case Alerts

The architect’s administration role under a spotlight: Robinson v Kenny

In the recent Federal Court decision of Robinson v Kenny [2014] FCA 988, her Honour Justice Farrell considered the conduct of an architect in respect of representations made concerning the price (or likely price) of a client’s building works. Her Honour found that the architect engaged in misleading or deceptive conduct when the building works […]

By : Jala Design Oct 10, 2014 Comments Off

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