General Liability Trends Update: Towards 2022

2021 presented the general insurance industry with many uncertainties. Our 2020 GL Trends Report provided foresight into several trends that have impacted, and continue to impact, the general liability market in Australia and New Zealand, including historical abuse claims across different sectors, concussion and its impact on sport, as well as COVID-19 risks as it […]

School successfully defends football head knock case

Mattock v State of New South Wales (New South Wales Department of Education) (No 2) [2021] NSWSC 1045 On 19 August 2021, the NSW Supreme Court dismissed a personal injury claim against a school, which followed the plaintiff’s ‘head knock’ collision with another student during a PE class. The decision was significant for insurers as it […]

Emerging Talent Series 2020/2021

The insurance sector attracts and retains young professionals who are hungry for relevant, regular learning and education opportunities. To help further their careers, W+K has put together a multi-part Emerging Talent Series addressing both Property & Energy and General Liability claims issues.

2021 Insurance Predictions Report

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 appoints two new female partners

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 […]

Insurance position helps halt PIPA claim

In a recent application heard before the Supreme Court of Queensland, a personal injuries claimant failed in his attempt to join a respondent to his PIPA pre-court claim outside of the legislative timeframe. The prospective respondent’s insurance position was highly relevant to the court’s dismissal of the application. In this case alert, Scott Macoun and […]

Wotton Kearney announces a further 17 senior promotions

Wotton Kearney is delighted to announce our most recent senior promotions in Australia and New Zealand, including two new partners – Angela Winkler and James Clohesy – and 15 senior lawyers, effective 1 January 2021. The latest promotions take the firm’s numbers to 44 partners and more than 220 dedicated insurance lawyers. Wotton Kearney’s commitment […]

Emerging General Liability Trends Update

There have been a number of general liability trends strengthening or emerging across 2020. Construction risks remain a hot topic given the increased infrastructure activity across all states, coupled with the high levels of political, public and media attention on building defects and cladding issues. There is also growing interest in litigation funding activity focussing […]

High Court finds police have an implied right to enter land to investigate the occupants

On 9 December 2020, the High Court handed down its decision in Roy v O’Neill [2020] HCA 45. The decision confirms police have an implied right to enter land to investigate the occupants by speaking with them, as long as the entrance onto the property is not for the sole purpose of subjecting the occupant […]

Court of Appeal confirms Polglase decision and the critical question of breach

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 […]