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W+K News

Reasonable care and recklessness in insurance policies – proceed with caution!

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 […]

By : Claire MacMillan May 13, 2016 Comments Off

W+K News

Australia adopts market-based causation (aka fraud on the market) for the first time

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 […]

By : Patrick Boardman May 6, 2016 Comments Off

W+K News

Chubb Insurance v Robinson: how to interpret a professional services exclusion

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 […]

By : Patrick Boardman Mar 24, 2016 Comments Off

W+K News

Heidi Nash-Smith is finalist for Pro Bono Partner of the Year

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 […]

By : Jala Design Mar 17, 2016 Comments Off

W+K News

W+K retains Band 1 Chambers and Partners ranking

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. […]

By : Jala Design Feb 29, 2016 Comments Off

W+K News

W+K first to win Best Lawyer’s Law Firm of the Year in Australia for Insurance

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 […]

By : Jala Design Feb 29, 2016 Comments Off

W+K News

Section 54: It is all in the Act

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 […]

By : Jala Design Feb 24, 2016 Comments Off

W+K News

What is sufficient knowledge for the purpose of a road authority’s immunity from civil liability?

The NSW Court of Appeal’s recent decision in Nightingale v Blacktown City Council [2015] NSWCA 423 has provided increased certainty of the level of “actual knowledge” of a risk that must be established in order to defeat a section 45 defence. The case has significant ramifications for plaintiffs seeking to sue road authorities. In order […]

By : Paul Spezza Feb 22, 2016 Comments Off

W+K News

High Court confirms third party claimants can join insurers to proceedings

Yesterday the High Court handed down its decision in CGU Insurance v Blakeley [2016] HCA 2, a case which considers a third party claimant’s right to join an insurer to Court proceedings against an insured for the purpose of challenging the insurer’s decision to decline cover to the insured. After reviewing conflicting authorities on the […]

By : Allison Hunt Feb 12, 2016 Comments Off

W+K News

W+K named Client Choice Awards finalist

We are delighted to announce that Wotton Kearney has been named a finalist for Best Law Firm in Australia (revenue under $50m) at the Financial Review Client Choice Awards 2016. The awards are based solely on independent research of client responses across a range of key service and experience related criteria. Having won the award […]

By : Jala Design Feb 3, 2016 Comments Off

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