Energy, Mining + Power - Page 3 of 3

Case Alerts

Appeal decision clarifies when insolvency exclusion applies

The Full Federal Court recently upheld a primary judgment rejecting the application of an insolvency exclusion in a claim brought against directors of a company in voluntary administration. The judgment in AIG Australia Limited v Kaboko Mining Limited [2019] FCAFC 96 provides useful guidance on the scope of the application of insolvency exclusions. Wotton Kearney’s […]

By : Anja Vogel Jun 18, 2019 Comments Off

Articles, Case Alerts

Emerging General Liability Trends Update

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 […]

By : Anja Vogel Apr 18, 2019 Comments Off

Case Alerts

Bushfire class action summarily dismissed by Victorian Court

The Victorian Supreme Court recently summarily dismissed the lead Plaintiffs’ claims in Block v Powercor, a bushfire class action issued against a Victorian electricity distributor. The decision is noteworthy as summary dismissals are rare, particularly in class actions and representative proceedings. While the decision largely turned on its facts, it reinforces the principle explained by the High […]

By : Anja Vogel Feb 20, 2019 Comments Off

Articles

Employee Class Actions: New claims in the flexible employment economy

The gig economy is reshaping employee class actions, with recent decisions classifying independent contractors and casual workers as employees. Historically, employee class actions were the monopoly of the union movement. But with the waning of union membership and influence, and the rise of the gig economy and large numbers of casual workers, litigation funders are […]

By : Anja Vogel Feb 20, 2019 Comments Off

Case Alerts

When will an insolvency exclusion apply?

Kaboko Mining Limited v Van Heerden (No 3) [2018] FCA 2055 When an insurance policy includes a clause stating that cover will not extend to any loss based on the insolvency of a company, you need to be careful about identifying what actually caused the loss. In a recent case, the Federal Court rejected the […]

By : Anja Vogel Feb 4, 2019 Comments Off

Articles

Insurance for WHS fines – will they soon be prohibited?

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 […]

By : Anja Vogel Jan 10, 2019 Comments Off

Articles

Insurance Remodelled – 2018/19 Market Conditions & Trends Report

I am delighted to welcome you to the launch of our annual Legalign Global insurance report, Insurance Remodelled, 2018/19 Market Conditions & Trends. The report has been produced by our Legalign Global partner DAC Beachcroft for a number of years to assist the insurance industry in the UK and has now been expanded to include […]

By : Jala Design Sep 13, 2018 Comments Off

Case Alerts

Kennecott: One of the Biggest Mining Claims Globally in Recent History

ABOUT The Bingham Canyon Mine (also referred to as Kennecott Copper Mine), is an open-pit mining operation extracting a large copper deposit in Utah, in the United States. The mine has been in production since 1906, and has resulted in the creation of a pit over 0.6 miles (970 m) deep, 2.5 miles (4 km) […]

By : Jala Design Sep 1, 2017 Comments Off

Case Alerts

Brirek Industries v McKenzie Group Consulting

In breaking news, in a decision handed down on 6 August 2014, the Victorian Court of Appeal has determined that, pursuant to section 134 of the Building Act 1993 (Vic), the applicable limitation period for commencing a “building action“, whether in contract or in tort, is 10 years from the date that the relevant occupancy […]

By : Andrew Brennan Aug 7, 2014 Comments Off

Articles

Proportionate liability, arbitration and insurance cover – can we have it all?

Sean O’Connor shares his thoughts on the relationship between proportionate liability, arbitration and insurance cover in this article published in Australasian Lawyer magazine. View article here.

By : Sean O Connor May 15, 2014 Comments Off

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