Public Sector + Education - Page 5 of 5

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

Case Alerts

Marsupial Miscalculation – obvious risk and the allocation of resources under the Civil Liability Act

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 […]

By : Anja Vogel Jan 7, 2019 Comments Off

Case Alerts

GDPR: How One Website Advertisement Could Cost You Millions from May 25, 2018

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 […]

By : Jala Design May 25, 2018 Comments Off

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General Liability Institutional Abuse Video Series 2022

Welcome Wotton Kearney has handled over 1500 historical abuse claims as either defence or coverage counsel, and with 150+ lawyers now practising in this area across our six Australian offices, this is a category of claims in which we have developed considerable experience and expertise. Our 2022 video series is intended to provide a high-level [...]

By : Anja Vogel Nov 28, 2017 Comments Off

W+K News

Failed sterilisations: a “resurgence of common law claims” for loss of income?

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 […]

By : Richard Flinn Oct 17, 2017 Comments Off

Case Alerts

Tripping up on section 45 of the Civil Liability Act

Holland v City of Botany Bay Council [2017] NSWSC 1120 What you need to know This Supreme Court judgment will be of interest to state and council road authorities, and their insurers. The decision provides clarification on when a roads authority (as opposed to “the” roads authority) can engage the special non-feasance protection under s45 […]

By : Greg Carruthers-Smith Sep 7, 2017 Comments Off

W+K News

Duty of care: new laws in Victoria for organisational child abuse

From 1 July 2017, a child abuse victim in Victoria will be able to avoid many of the historical impediments that would have previously prevented them from seeking legal redress. New laws have been passed in Victoria that impose a new duty of care on organisations exercising care, supervision or authority to take “reasonable precautions” […]

By : Andrew Seiter Jul 21, 2017 Comments Off

Articles

Can courts order a prohibition on the indemnity of civil penalties?

At the end of the year the High Court will hear an application about whether the Federal Court has power to prohibit another person from indemnifying a respondent for their liability to pay a civil penalty. The question arises after Justice Mortimer of the Federal Court found a union organiser had breached the general protections […]

By : Sarah Wood Jul 5, 2017 Comments Off

W+K News

Latest insight on vicarious liability and limitation issues in child sexual abuse cases

Important guidance on the determination of vicarious liability and statute of limitations in child sexual abuse cases has been provided in the High Court of Australia’s recent decision in Prince Alfred College Incorporated v ADC [2016] HCA 37. Click to read our analysis of the implications for your business prepared by Sean O’Connor and Greg […]

By : Sean O Connor Oct 25, 2016 Comments Off

W+K News

Great Scott! Sections 43A and 45 to the rescue for public authorities

Sean O’Connor (Partner) and Michael Fung (Associate) review the recent NSW Court of Appeal decision in Mansfield v Great Lakes Council [2016] NSWCA 204, which discusses the evidence needed for a plaintiff to overcome a defence under section 43A (applicable to public authorities) and section 45 (applicable to road authorities) of the Civil Liability Act […]

By : Sean O Connor Sep 27, 2016 Comments Off

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