Sean O’Connor (Partner) and Michael Fung (Associate) review the recent NSW Court of Appeal decision in Mansfield v Great Lakes Council [2016] NSWCA 204, which discusses the evidence needed for a plaintiff to overcome a defence under section 43A (applicable to public authorities) and section 45 (applicable to road authorities) of the Civil Liability Act […]
Paul Spezza (Partner), Scott Macoun (Senior Associate) and Bree Smith (Associate) consider the Court of Appeal of Queensland’s decision of Matton Developments Pty Ltd v CGU Insurance Limited [2016] QCA 208, which provides insight to both insurers and policy holders into what constitutes “accidental damage”, and how the courts are reluctant to interpret additional benefits […]
As the very excited winner of the 2016 APIG Wotton Kearney scholarship my trip to London was certainly one I had been eagerly looking forward to. Plus, any excuse to leave Melbourne in the middle of winter is always an added bonus! Beginning with a hosted trip to Lloyd’s with XL Catlin, the opportunity to […]
Charles Simon (Partner) and Jacqueline Grace (Senior Associate) consider the NSW Supreme Court decision of Goode v Angland [2016] NSWSC 1014, which provides a ray of sunshine for insurers of professional sporting clubs seeking to rely on the dangerous recreational activity/obvious risk defences available in NSW under the Civil Liability Act (NSW) 2005.
Wotton Kearney, in partnership with the Australian Professional Indemnity Group (APIG) is excited to announce the launch of the 2016 W+K APIG Scholarship. The Scholarship is an outstanding opportunity for a talented young APIG member to attend the 20th Annual Professional Indemnity Forum (PIF) Conference and Lloyd’s market in the UK in July 2017. It […]
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 […]
