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Articles, Case Alerts

A practical guide on managing EPL exposures caused by COVID-19 for insurers, insureds and brokers

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 […]

By : Anja Vogel Mar 25, 2020 Comments Off

Articles, Case Alerts

COVID-19 and D&O Liability

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 […]

By : Anja Vogel Mar 24, 2020 Comments Off

Articles

COVID-19: Implications for insurers – A Legalign Global Report

The significant impact of the coronavirus pandemic is being felt worldwide. For the insurance sector, the exposures created by the coronavirus are significant as an international event of this size and complexity carries a range of insurance risks, including first party and supply chain business interruption, event cancellation, travel and liability claims. Legalign Global’s alliance […]

By : Anja Vogel Mar 20, 2020 Comments Off

Articles

NSW Court of Appeal overturns $238,000 payout over defamatory email

On 3 March the NSW Court of Appeal overturned an award of $238,000 in damages arising from an allegedly defamatory email announcing an ex-employee’s termination in KSMC v Bowden. The decision provides a useful guide from the NSW Court of Appeal on the difficulties faced by a plaintiff in seeking to defeat a defence of common […]

By : Anja Vogel Mar 6, 2020 Comments Off

Articles

Million dollar dismissal claims

Traditionally, multi-million dollar payouts in employment litigation were only awarded to executives of large corporates and high-profile public figures. With the evolution of the General Protections provisions in the Fair Work Act 1999, “average workers” are now regularly seeking – and winning – high levels of compensation and damages through adverse action claims. W+K’s EPL specialist […]

By : Anja Vogel Feb 12, 2020 Comments Off

Articles

Ducking for cover – will ISR extensions offer protection from the new coronavirus?

The 2019 Novel Coronavirus has now been declared a Public Health Emergency of International Concern by the World Health Organisation (WHO) – only the sixth time the WHO has made such a declaration. An international event of this size and complexity carries a range of insurance risks. While impacts on some lines of insurance remain […]

By : Anja Vogel Feb 6, 2020 Comments Off

Articles

Informed Insurance: 2020 Predictions Report

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 […]

By : Anja Vogel Jan 29, 2020 Comments Off

Case Alerts

NSW Court of Appeal provides guidance on applications for the determination of separate questions

On 21 November 2019, the NSW Court of Appeal re-exercised the Court’s discretion to determine the limitation defence as a separate question in a dispute between a lender and a valuation firm. The decision, in which Wotton Kearney successfully acted for the valuation firm, provides guidance on when a separate question determination is appropriate. In […]

By : Anja Vogel Nov 25, 2019 Comments Off

Articles

#MeToo is not over: sexual harassment claims to stay in the spotlight in 2019

Claims for sexual harassment have risen significantly in Australia during the past year, and they will keep rising. The recommendations from the National Inquiry into Sexual Harassment in Australian Workplaces could mean new claim types emerge. A rise in claims, combined with the renewed focus on sexual harassment, will cause businesses to increasingly take out […]

By : Anja Vogel Jan 29, 2019 Comments Off

Articles

International D&O Update

There have been some interesting global developments that are changing the landscape for D&O insurers. In this first edition of our International D&O Update, we have joined with our Legalign Global alliance partners to bring a summary of landmark cases and regulatory developments that will impact insurers both here in Australia and across the globe. […]

By : Jessica Smith Dec 14, 2018 Comments Off

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