Articles, Case Alerts

When recreation means more – NSW Court of Appeal reinforces broad recreational activity definition

Carter v Hastings River Greyhound Racing Club [2020] NSWCA 185: On 21 August 2020, the NSW Court of Appeal again confirmed ‘recreational activities’ do not need to be ‘recreational’ in the ordinary meaning of the term with its decision in Carter. The Court’s decision also reinforced the position that being a volunteer does not affect […]

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By : Aug 25, 2020 Comments Off on When recreation means more – NSW Court of Appeal reinforces broad recreational activity definition
Articles

COVID-19: Implications for insurers – A Legalign Global Report

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 […]

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By : Mar 20, 2020 Comments Off on COVID-19: Implications for insurers – A Legalign Global Report
Articles, Case Alerts

Supreme Court of Victoria’s historical child sexual abuse decision confirms damages in one case are not binding on another

The Supreme Court of Victoria has handed down its judgment in the matter of Waks v Cyprys & Ors [2020] VSC 44, which involved an assessment of common law damages regarding a claim for historical child sexual abuse. The Waks decision highlights that awards for general damages in Victorian matters continue to turn on their […]

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By : Mar 3, 2020 Comments Off on Supreme Court of Victoria’s historical child sexual abuse decision confirms damages in one case are not binding on another
Articles, Case Alerts

NSW Court of Appeal declines to stay historic abuse matter

On 19 February 2020, the NSW Court of Appeal further clarified its position on granting a permanent stay of proceedings that involve allegations of historical child abuse in Gorman v McKnight [2020] NSWCA 20. Following the Court’s recent decisions regarding this issue in Moubarak bht v Holt and Council of Trinity Grammar School v Anderson, […]

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By : Mar 3, 2020 Comments Off on NSW Court of Appeal declines to stay historic abuse matter
Articles

Informed Insurance: 2020 Predictions Report

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 […]

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By : Jan 29, 2020 Comments Off on Informed Insurance: 2020 Predictions Report
Case Alerts

Tragic jetty fall case tests many civil liability issues

Polglase v Coffs Harbour City Council (No 2) [2019] NSWSC 1848 On 19 December 2019, the NSW Supreme Court gave judgment in a complex case involving multiple defendants, which followed a tragic accident involving a young child who fell from a jetty. Wotton Kearney acted for the State of NSW in its successful defence of […]

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By : Dec 20, 2019 Comments Off on Tragic jetty fall case tests many civil liability issues
Articles, W+K News

The Current State Of Personal Injury Litigation – Western Australia

Wotton Kearney is pleased to release the first of our series of guides aimed at helping insurers, brokers and their respective clients to understand the varying regimes and trends in personal injury litigation across Australia – starting with Western Australia. The Current State of Personal Injury Litigation in WA is set against the backdrop of the declining […]

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By : Nov 28, 2019 Comments Off on The Current State Of Personal Injury Litigation – Western Australia
Articles, Case Alerts

More rights against those whose wrongs are not intentional

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 […]

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By : Oct 28, 2019 Comments Off on More rights against those whose wrongs are not intentional
Case Alerts

NSW Court of Appeal stays proceedings in historic child sexual abuse claim

The NSW Court of Appeal has ruled that there is scope for defendants, in the context of historic child sexual abuse claims, to apply to permanently stay proceedings on the basis of inability to obtain a fair trial, even though such claims are no longer statute barred under the Limitation Act 1969 (NSW). The circumstances […]

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By : May 13, 2019 Comments Off on NSW Court of Appeal stays proceedings in historic child sexual abuse claim

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