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 […]

NSW building industry’s mandatory insurance requirements begin to take shape

On 17 November 2020, the NSW Government released the Draft Design and Building Practitioners Regulation 2020 (NSW) for public consultation, which is designed to support an effective legislative framework for industry reform. Insurers will need to know what mandatory insurance requirements will be put in place for design and construction practitioners. Whilst not in a […]

New rating system for NSW building practitioners and buildings coming next year

The NSW Government is implementing a building reform agenda with the aim of changing the culture and capability of the NSW building industry. The new rating system and digital initiatives are designed to boost both compliance and long-term confidence in the industry. W+K’s construction specialists Charu Stevenson and Robert Finnigan feature in the October issue […]

Resource hub: Legislative reform of the building and construction industry in NSW

The NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the building and construction industry. The new legislation, in particular the Design and Building Practitioners Act 2020, will have a significant effect on establishing the liability of design and building practitioners within the construction industry and how they are […]