Legal developments in the building and construction industry

Wotton Kearney Construction PI specialists Nick Lux and Robert Finnigan feature in the October issue of NIBA Insurance Adviser magazine to provide an update on Australia’s building and construction industry reforms, including key regulatory and risk developments affecting the sector and their implications for insurance brokers. This includes sweeping state-based legislative reform intended to regain […]

Additional COVID-19 Rules in NSW: Construction employers’ questions answered

As construction shuts down in NSW today and tradespeople down tools as a result of further COVID-19 restrictions across Greater Sydney, there are many questions that remain unanswered. In this update, W+K’s Sian Gilbert, Chris Mossman and Chris Spain, assisted by Ella Lim, look at the options available to construction employers, including standing down employees, […]

High Court determines leaky defect exclusion

On 21 June 2021, the High Court handed down its substantive decision on the application of a leaky defect exclusion against a mixed defect claim in Napier City Council v Riskpool. The High Court upheld Riskpool’s declinature of a defective building claim for Waterfront Apartments by Napier City Council. In doing so, it addressed issues […]

Emerging Talent Series 2020/2021

The insurance sector attracts and retains young professionals who are hungry for relevant, regular learning and education opportunities. To help further their careers, W+K has put together a multi-part Emerging Talent Series addressing both Property & Energy and General Liability claims issues.

Why the Lacrosse appeal raises new questions about professional indemnity risks

Following our summary of the Lacrosse appeal decision last week, our PI and Construction teams have examined the key issues addressed by the Court, including liability apportionment, Building Code of Australia requirements and the use of the peer professional opinion defence. In this article, W+K partners Nick Lux and Andrew Brennan provide in-depth analysis of […]

Lacrosse appeal [largely] upholds initial landmark decision

Tanah Merah Vic Pty Ltd & Ors v Owners Corporation No 1 of PS613436T & Ors [2021] VSCA 72 The Victorian Court of Appeal handed down its much-anticipated judgment in the Lacrosse matter on 26 March, essentially upholding the trial judge’s findings in the landmark 2019 decision. At a headline level, the Court of Appeal: […]

NZ Insurance Market Trends Update

Welcome to Wotton Kearney’s NZ Insurance Market Trends Update, our biannual snapshot of legal trends and developments impacting claims managers, underwriters, brokers and corporates operating in the New Zealand market. In this edition, we look at the impact of recent matters in the areas of D&O claims, representative actions and EPL. We provide updates on […]

2021 Insurance Predictions Report

Wotton Kearney is pleased to provide our 2021 Insurance Predictions Report, looking at the major trends and issues we expect will remain in the spotlight for the insurance industry in our region this year. It’s no surprise that this report addresses some of the horizon issues that we expect to face in the wake of […]

Wotton Kearney appoints two new female partners

Wotton Kearney has appointed two new partners, Chantal van Grieken, a highly regarded general liability practitioner, and Sian Gilbert, an EPL Accredited Specialist. Chantal and Sian, who were formerly with HWL Ebsworth, will join the firm on 1 February 2021. Chantal is known for her expertise in the areas of public liability, workers actions, statutory […]

Emerging General Liability Trends Update

There have been a number of general liability trends strengthening or emerging across 2020. Construction risks remain a hot topic given the increased infrastructure activity across all states, coupled with the high levels of political, public and media attention on building defects and cladding issues. There is also growing interest in litigation funding activity focussing […]