New partner for W+K’s Cyber, Privacy and Data Security team

W+K’s Cyber, Privacy and Data Security team has further bolstered its market-leading reputation with the promotion of Wellington-based Joseph Fitzgerald to partner. Joseph, who has worked in both New Zealand and the UK, advises large sporting, health, education and infrastructure bodies, as well as SME and non-profit entities on cyber and data security risks. He […]

Employee or independent contractor? The High Court reiterates that it’s all about the contract

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 Two landmark High Court cases have decided that the terms of a written contract will determine whether a person is an employee or a contractor. This is a major shift […]

General Liability Trends Update: Towards 2022

2021 presented the general insurance industry with many uncertainties. Our 2020 GL Trends Report provided foresight into several trends that have impacted, and continue to impact, the general liability market in Australia and New Zealand, including historical abuse claims across different sectors, concussion and its impact on sport, as well as COVID-19 risks as it […]

COVID-19 vaccinations – FAQs for New Zealand employers

Until this week, there has been limited legal mandate requiring vaccination of New Zealand employees, other than border workers, via the COVID-19 Public Health Response (Vaccinations) Order 2021. That changed on 11 October 2021 when the New Zealand Government announced an extended vaccination mandate to include high risk workers in the health and disability sector, […]

NSW Supreme Court provides guidance on the insolvency test

The NSW Supreme Court recently dismissed two cases brought by various lenders against officers and employees of the failed steel giant Arrium. W+K’s Dean Pinto and Stephen Morrissey look at the useful guidance the Bank of Communications decision provides for insurers on the application of the insolvency test in section 95A of the Corporations Act […]

New Conduct and Client Care Rules create compliance risks for NZ solicitors

The new Conduct and Client Care Rules are coming into force on 1 July 2021. They bring with them some significant changes that are likely to impact on solicitors’ negligence risks. In this article, W+K’s Rebecca Scott and Julia Whitehead provide a brief overview of the changes and look at some of the issues they […]

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.

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: […]

The Life Squared Trust – Wellbeing Study of New Zealand Law Profession

Wotton Kearney is proud to support the New Zealand’s Law Society’s study of wellbeing and mental health of lawyers within New Zealand which aims to find reasons for the prevalence of mental health issues within the profession and help build psychological wellbeing and resilience. The study is commissioned by The Life Squared Trust, a mental […]

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 […]