Public Sector and Education - Page 6 of 7

Case Alerts

$3.5+ million in damages awarded in child sexual abuse case

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 […]

By : Anja Vogel Oct 13, 2019 Comments Off

Case Alerts

Re-opening application for institutional child sexual abuse case dismissed

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 […]

By : Anja Vogel Jun 25, 2019 Comments Off

Articles

NDIS: the most significant social reform since Medicare

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 […]

By : Anja Vogel May 2, 2019 Comments Off

Articles, Case Alerts

Emerging General Liability Trends Update

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 […]

By : Anja Vogel Apr 18, 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

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

WK 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

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