On 25 October 2019, The Victorian Court of Appeal found a claimant does not need to establish they have a “significant injury” to claim general damages if they allege they are the victim of an “intentional act that was done with intent to cause death or injury or that is sexual assault or other sexual […]
In this case, Judge Fagan of the NSW Supreme Court assessed damages for a man who suffered a psychological injury following historic child sexual abuse. As a result of the abuse, the plaintiff suffered from post-traumatic stress disorder, major depression, medication-related obesity and other related health issues. The defendant had previously plead guilty to related […]
The Supreme Court of Queensland has dismissed an application under s48(5A) of the Limitation of Actions Act 1974 (Qld) to set aside a Deed of Settlement regarding institutional child sexual abuse, on the basis that it was not “just and reasonable” to do so. This judgment bodes well for institutions and their insurers facing re-opening […]
As the rollout of the NDIS nears completion, insurers and defendants need to understand their obligations regarding Preliminary Notices and Recovery Notices as non-compliance is a criminal offence. Wotton Kearney’s Hope Saloustros and Laura Jean consider these implications of the NDIS for insurers – as well as the reporting obligations and the NDIA’s broad powers […]
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 […]
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 […]
Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308 In February 2014, a landing aircraft collided with a kangaroo at Kempsey Aerodrome and was damaged. The owners of the aircraft Five Star Medical Centre Pty Ltd sued the owner of the airport Kempsey Shire Council in the District Court of NSW. The […]
The General Data Protection Regulation (GDPR) affects businesses across the globe, despite originating in the European Union (EU) and comes into force today. It is not too late to consider the impact as an Australian or New Zealand business owner. What makes this new regulation unique is the obligations imposed on businesses worldwide to comply […]
J v Accident Compensation Corporation [2017] NZCA 441 What Happened New Zealand’s Court of Appeal has recently handed down a decision that may signal a partial retreat of the statutory bar to proceedings arising from medical misadventure. In a case involving a failed sterilisation, remarks made by the Court appear to leave open the possibility […]
