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 […]
On 17 November 2020, the Supreme Court handed down its decision in Southern Response Earthquake Services Limited v Ross [2020] NZSC 126. The decision confirms opt-out orders should be made available in representative actions where appropriate. Southern Response highlights that a plaintiff’s proposal should be adopted, including whether to make it opt-out or opt-in, unless […]
Throughout its long life the Feltex representative action proceeding has created a number of significant decisions. With the latest New Zealand High Court decision in Houghton v Saunders, the matter is now on the brink of being struck out. In this update, W+K’s Antony Holden and Michael Cavanaugh look at how the latest Feltex judgment is […]
Wotton Kearney is committed to keeping our clients informed of the insurance and broader business implications of the coronavirus outbreak. With senior insurance law experts across major policy types and market sectors, we are well placed to provide advice and tailored support in product lines and claims areas we specialise in. On this page you […]
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 […]
New Zealand has no statutory or regulatory framework that specifically deals with class or representative actions, which is why NZ claimants have relied on High Court rules as the mechanism to bring a representative action. The Courts considered, before Ross v Southern Response Earthquake Services Limited, the rule permitted only an opt-in action for the group. […]
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 […]
BAM Property Group Pty Ltd as trustee for BAM Property Trust v Imoda Group Holdings Pty Ltd (No.2) [2019] FCA 2072 On 9 December 2019, the Federal Court ordered the unsuccessful defendants in a shareholder oppression action to pay the plaintiffs’ costs of the entire proceedings on an indemnity basis. In this update, Andrew Moore […]
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 […]
The Victorian Supreme Court recently summarily dismissed the lead Plaintiffs’ claims in Block v Powercor, a bushfire class action issued against a Victorian electricity distributor. The decision is noteworthy as summary dismissals are rare, particularly in class actions and representative proceedings. While the decision largely turned on its facts, it reinforces the principle explained by the High […]
