The NSW Government has accelerated its new silicosis exposure standard to commence on 1 July 2020, two years ahead of the nationally agreed start date. The legislative changes make silicosis a notifiable disease, so there is an increased prospect that SafeWork NSW will investigate OHS practices on site. Given this legislative change and the surge […]
The NSW Supreme Court’s recent decision in Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd [2020] NSWSC 130 involved a novel indirect causation and loss of opportunity claim brought in the context of a defective building dispute. While the case turned on evidential issues, it highlights the challenges faced when bringing claims for defective […]
We are pleased to share our latest Legalign Global thought leadership publication, Informed Insurance: 2020 Predictions, which has been launched in our region today. Aimed at supporting the global insurance market in preparing for the opportunities and challenges ahead, the report includes over 80 predictions by senior lawyers at the Legalign Global alliance firms, including Wotton […]
The New South Wales Civil and Administrative Tribunal (NCAT) decision in Taylor Construction has put the spotlight on another form of combustible cladding – Biowood. With NCAT accepting that Biowood is a combustible building material that poses an undue fire risk, the Taylor Construction decision has had widespread coverage within the residential strata property industry so owners’ corporations […]
Wotton Kearney is pleased to announce the appointment of Chris Mossman, a highly regarded workplace lawyer and commercial litigator, as a Partner and new leader of the firm’s Employment Practices Liability (EPL) practice, based in Sydney. Cain Jackson, leader of the firm’s Financial Lines practice commented: “In looking for a senior specialist to lead our […]
In this case, the High Court of Australia ruled a builder was not owed for variations for “work and labour done” after a building contract was terminated in Mann v Paterson Constructions Pty Ltd [2019] HCA 32. This decision shows that builders who fail to follow the formal variation process under the Act are at risk, as […]
Welcome to Wotton Kearney’s snapshot of the key trends and emerging risks in general liability insurance in Australia. In this edition we look at the impact of recent significant matters, including the Lacrosse cladding fire litigation conducted by our Melbourne team, the ongoing risk of concussion claims and prison authority liability claims. We also look […]
On 28 February 2019, Australia’s first decision regarding the roles and responsibilities of builders and other building consultants regarding the use of combustible cladding was handed down. The Victorian Civil and Administrative Tribunal upheld the Owners Corporation and lot owners’ claims against the builder following a fire in November 2014 that involved combustible ACP cladding […]
Mainzeal Property v. Yan & Ors This week, the New Zealand High Court awarded $36m in damages against directors of Mainzeal, once one of New Zealand’s leading property and construction companies, including former Prime Minister Dame Jenny Shipley. The damages are the highest awarded for reckless trading in New Zealand’s history. The case raises a […]
Are fines appropriate penalties to deter companies and directors from breaching WHS laws when they can be indemnified by their insurers? Should insurance policies that cover these monetary penalties be made illegal and void? At the moment, companies and directors are able to insure against the risk of fines for breaches of WHS laws, however […]
