Case Alerts - Page 9 of 15

Articles, Case Alerts

Ipswich City Councillors’ claim for reinstatement dismissed with costs

In an otherwise no costs jurisdiction, the Queensland Industrial Relations Commission recently ordered costs against former Ipswich City Councillors who were seeking reinstatement and remuneration. Wotton Kearney acted for the Ipswich City Council in successfully defending the proceedings and obtaining the costs orders. In this article, Raisa Conchin and Manja Lalovic explain why this decision […]

By : Anja Vogel Oct 16, 2020 Comments Off

Articles, Case Alerts

Recent abuse cases offer further guidance

There have been three recent cases involving abuse matters that provide further guidance on how the courts are addressing some key liability, damages and limitation issues. These issues include: the need for specific evidence about the level of impact of limitation periods in considering applications to set aside settlements in institutional abuse matters the importance […]

By : Anja Vogel Sep 24, 2020 Comments Off

Articles, Case Alerts

Enough rope? The limits of disclosure under PIPA

The Supreme Court of Queensland has dismissed an application for disclosure of information about prior incidents. The Court found that claimants have a broad entitlement to request information from respondents about the reasons for an ‘incident’, however, that entitlement is limited to the actual incident, not related incidents. In this article, Paul Spezza and Emma […]

By : Anja Vogel Aug 31, 2020 Comments Off

Articles, Case Alerts

NZ Court of Appeal upholds insurers’ right to cancel the policies of fraudulent claimants

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 […]

By : Anja Vogel Aug 28, 2020 Comments Off

Articles, Case Alerts

When recreation means more – NSW Court of Appeal reinforces broad recreational activity definition

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 […]

By : Anja Vogel Aug 25, 2020 Comments Off

Articles, Case Alerts

New RAB Act gives regulator real power to tackle construction defects

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) […]

By : Anja Vogel Jul 31, 2020 Comments Off

Articles, Case Alerts

NSW Court of Appeal addresses obvious risks in horse racing

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 […]

By : Anja Vogel Jul 24, 2020 Comments Off

Articles, Case Alerts, Thought Leadership

NZ Privacy Act 2020: Update 1 – What the new law means for insurers and their insureds

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 […]

By : Anja Vogel Jul 8, 2020 Comments Off

Articles, Case Alerts

Striking out a representative action – Houghton v Saunders

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 […]

By : Anja Vogel Jun 5, 2020 Comments Off

Articles, Case Alerts

Asbestos potency is a liability apportionment factor

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. […]

By : Anja Vogel Jun 2, 2020 Comments Off

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