On 3 February 2021, the High Court unanimously dismissed Westpac’s appeal in Westpac Securities Administration Ltd v ASIC [2021] HCA 3. It held that Westpac’s call centre operators, in making outbound calls to existing superannuation members, provided personal advice to retail clients in breach of AFSL conditions. This is the first High Court pronouncement on […]
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 […]
2020 has reminded us all how quickly our world can be turned upside down. As the market considers how best to prepare for a resilient future, scenario planning is a key tool that can begin to provide the answers. Wotton Kearney has joined with our Legalign Global alliance partners to produce the Critical Uncertainties series […]
Wotton Kearney is committed to keeping our clients informed of the insurance and broader business implications of the coronavirus outbreak. With senior insurance law experts across major policy types and market sectors, we are well placed to provide advice and tailored support in product lines and claims areas we specialise in. On this page you […]
The new JobKeeper legislation, which was passed by the Federal Government on 8 April 2020, confers an extraordinary amount of flexibility on employers to restructure their workforce during the coronavirus crisis. However, with these new opportunities for employers come a range of new risks. In this article, W+K EPL specalist Chris Mossman explains the issues […]
As workplaces continually evolve, so too do new risks and potential claims. Unfair dismissal, bullying and sexual harassment claims, statutory liability obligations of directors and managers, new whistleblower laws, and the potential impacts of the National Inquiry into Sexual Harassment are just some of the emerging employment risks impacting insurers, brokers, underwriters and insureds in […]
On 6 April, the Fair Work Commission handed down its first substantive decision regarding the COVID-19 crisis in Australian Municipal, Administrative, Clerical & Services Union v Auscript Australia Pty Ltd. Its finding that Auscript had breached its consultation obligations is not good news for employers seeking to implement rapid changes to their workforce. In this article, W+K […]
The NZ economy has been severely hit by the impacts of the coronavirus, with many businesses now in lockdown. The Government has responded with a COVID-19 Wage Subsidy Scheme to help businesses and affected workers in the short-term, as they adjust to the initial impact of COVID-19. For employers, the COVID-19 Wage Subsidy Scheme comes […]
The coronavirus (COVID-19) is having a significant and immediate impact on the entire workforce. Unfortunately, there are daily stories of mass redundancies, closures of businesses and stand down of workers. This guide provides practical advice for EPL insurers, insureds and brokers on how they can meet the insurance challenges created by the virus. W+K EPL […]
The Coronavirus Economic Response Package Omnibus Bill 2020 (CERPO Bill) and recent ASIC statements have put focus on management liability issues arising from the COVID-19 crisis. The CERPO Bill provides some temporary relief for directors as they navigate the uncharted territory caused by COVID-19, particularly in addressing insolvency risk. In this update, Cain Jackson and […]
