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 […]
Wotton Kearney is pleased to provide our 2021 Insurance Predictions Report, looking at the major trends and issues we expect will remain in the spotlight for the insurance industry in our region this year. It’s no surprise that this report addresses some of the horizon issues that we expect to face in the wake of […]
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 […]
On 23 October 2020, the Court of Appeal handed down its judgment in Coffs Harbour City Council v Polglase [2020] NSWCA 265. Wotton Kearney acted for the State of NSW in its successful defence of the appeal proceedings. The case confirms, for the purpose of a duty of care on a statutory authority, what matters […]
In an otherwise no costs jurisdiction, the Queensland Industrial Relations Commission recently ordered costs against former Ipswich City Councillors who were seeking reinstatement and remuneration. Wotton Kearney acted for the Ipswich City Council in successfully defending the proceedings and obtaining the costs orders. In this article, Raisa Conchin and Manja Lalovic explain why this decision […]
The growing dependence on technology and our hurried transition to remote working as a result of the pandemic has increased opportunities for malicious cyber-actors to target vulnerable organisations. Wotton Kearney’s Australian Cyber Team Kieran Doyle talks to Insurance NEWS on the impact on the insurance industry of the government’s efforts to improve Australia’s cyber-resilience and […]
There have been three recent cases involving abuse matters that provide further guidance on how the courts are addressing some key liability, damages and limitation issues. These issues include: the need for specific evidence about the level of impact of limitation periods in considering applications to set aside settlements in institutional abuse matters the importance […]
Carter v Hastings River Greyhound Racing Club [2020] NSWCA 185: On 21 August 2020, the NSW Court of Appeal again confirmed ‘recreational activities’ do not need to be ‘recreational’ in the ordinary meaning of the term with its decision in Carter. The Court’s decision also reinforced the position that being a volunteer does not affect […]
The ACT Supreme Court has recognised that an institution can, in specific circumstances, owe a duty of care to take steps to protect the safety of intoxicated persons, including from the risk of criminal acts by a third party. In this case, a university college was found liable for the sexual assault of a resident […]
