We are delighted to welcome Richard Johnson to partnership, effective from 1 July 2016, as announced in The Australian today. Since joining W+K in February 2015, Richard has made an impressive impact on the firm and the broader insurance industry. Richard’s areas of expertise include Public & Products Liability, Property Damage and Subrogated Recoveries. He […]
Wotton Kearney has been selected as a finalist for Professional Services Firm of the Year at the 2016 Australian Insurance Industry Awards. Co-hosted by the Australian and New Zealand Institute of Insurance and Finance (ANZIIF) and Asia Insurance Review, the Australian Insurance Industry Awards is the insurance industry’s annual celebration of excellence, professionalism and community. […]
Charles Simon (Partner) and Michael Milton (Special Counsel) consider the recent ACT Court of Appeal decision in Blick v Franklin [2016] ACTCA17, which provides a tale of caution for cyclists, liability underwriters and defendants preparing (or not preparing) expert evidence.
The anticipated NSW Court of Appeal decision of Barrie Toepfer Earthmoving and Land Management Pty Ltd v CGU Insurance Ltd [2016] NSWCA 67 highlights the current approach to insurance policy interpretation. Policies are read as commercial contracts and a businesslike interpretation should be applied to policy terms. The Court of Appeal also examined recklessness and […]
The elephant in the room in all shareholder class actions was whether shareholders had to establish their own reliance on the contravening conduct, or could merely rely on that conduct’s effect on the market, akin to the US concept of “fraud on the market”. The NSW Supreme Court has taken a step closer towards Australia […]
The Victorian Full Federal Court has recently clarified the operation of a professional services exclusion within a D&O policy in Chubb Insurance Company of Australia Limited v Robinson [2016] FC AFC 17. This case demonstrates that a professional services exclusion cannot be expected to exclude all risks that ordinarily fall for cover under a professional […]
We congratulate Heidi Nash-Smith for being nominated as a finalist for the Pro Bono Partner of the Year Award. Heidi recently sat down with Lawyers Weekly to discuss her nomination and how smaller firms can excel in building a strong pro bono and CSR practice. Heidi leads by example. Her involvement in and passion for […]
We are excited to announce that Chambers Asia-Pacific has recognised Wotton Kearney as a Band 1 insurance firm in Australia for the fourth consecutive year. Four of our partners have also been recognised in the 2016 guide as Notable Practitioners, being founding partners David Kearney and Phillip Wotton, along with Cain Jackson and Andrew Moore. […]
Wotton Kearney has been awarded Law Firm of the Year for Insurance Law by Best Lawyers in Australia, as announced on Friday in the Australian Financial Review. This is the first time the award has been released in Australia and is determined by Australian peer evaluation of insurance law firms, based on asking respondents that […]
Two recent decisions of the Western Australia Court of Appeal (Allianz Australia Insurance Ltd v Inglis [2016] WASCA 25) and the NSW Federal Court (Pantaenius Australia Pty Ltd v Watkins Syndicate 0457 at Lloyds [2016] FCA 1) show that section 54 of the Insurance Contracts Act 1984 is still causing trouble over 30 years after […]
