Professional Liability - Page 4 of 8

Construction trends – checking the rear vision mirror while keeping an eye on the road ahead

The past year in the construction industry has been punctuated by a collection of legislative reforms, pandemic responses and technology advances. It’s also been a challenging time in which the industry has been dealing with the continued fallout from market-shaping events, such as the Lacrosse and Grenfell Tower fires, and heightened rates of insolvency. Against […]

By : Anja Vogel Apr 14, 2022 Comments Off

Articles

Treasury consults on new crypto asset licensing regime

On 21 March, the Treasury released a consultation paper about the regulation of secondary service providers of cryptocurrency assets (CSSPs). The consultation paper highlights the current ‘patchwork’ nature of regulation of crypto assets, noting that some crypto assets may already be subject to the existing Australian Financial Services (AFS) or consumer law frameworks. The paper […]

By : Anja Vogel Mar 23, 2022 Comments Off

WK News

Get to know Luke Vincent, new Partner and W+K’s Financial Lines lead in Perth

In our next Q&A with recently promoted partners, we get to know Perth Financial Lines lead Luke Vincent.

By : Anja Vogel Oct 28, 2021 Comments Off

Articles

Legal developments in the building and construction industry

Wotton Kearney Construction PI specialists Nick Lux and Robert Finnigan feature in the October issue of NIBA Insurance Adviser magazine to provide an update on Australia’s building and construction industry reforms, including key regulatory and risk developments affecting the sector and their implications for insurance brokers. This includes sweeping state-based legislative reform intended to regain […]

By : Anja Vogel Oct 10, 2021 Comments Off

Articles, Case Alerts

High Court confirms Facebook page operators are liable for defamatory third-party comments

Fairfax Media Publications, Nationwide News and the Australian News Channel are currently being sued for defamation in separate proceedings by Dylan Voller, a former detainee in a juvenile justice detention centre, over third-party comments made about him on their Facebook pages. Before determining whether the Facebook comments were defamatory, the NSW Supreme Court ordered that […]

By : Anja Vogel Sep 17, 2021 Comments Off

Articles

Draft amendments to the UCT legislation

The expected changes to the UCT legislation are nearly upon us and have now been released in draft form. The purpose of the draft release is to provide a snapshot of the changes if the bill is passed and provide interested parties the opportunity to consult with the Treasury on the same. Given the bill […]

By : Anja Vogel Sep 8, 2021 Comments Off

Articles

NSW Supreme Court provides guidance on the insolvency test

The NSW Supreme Court recently dismissed two cases brought by various lenders against officers and employees of the failed steel giant Arrium. W+K’s Dean Pinto and Stephen Morrissey look at the useful guidance the Bank of Communications decision provides for insurers on the application of the insolvency test in section 95A of the Corporations Act […]

By : Anja Vogel Aug 30, 2021 Comments Off

Articles

NSW Court of Appeal offers further guidance on when notified facts give rise to a claim

With the recent Kauter Investments decision, the NSW Court of Appeal has provided further guidance on prior notified facts that might give rise to a claim. In this article, W+K’s Charu Stevenson and Yen Tan examine the implications of this decision for insurers and provide a comparative table of previous authorities as a comprehensive guide […]

By : Anja Vogel Jul 12, 2021 Comments Off

Articles

New Conduct and Client Care Rules create compliance risks for NZ solicitors

The new Conduct and Client Care Rules are coming into force on 1 July 2021. They bring with them some significant changes that are likely to impact on solicitors’ negligence risks. In this article, W+K’s Rebecca Scott and Julia Whitehead provide a brief overview of the changes and look at some of the issues they […]

By : Anja Vogel Jun 16, 2021 Comments Off

Articles

Why the Lacrosse appeal raises new questions about professional indemnity risks

Following our summary of the Lacrosse appeal decision last week, our PI and Construction teams have examined the key issues addressed by the Court, including liability apportionment, Building Code of Australia requirements and the use of the peer professional opinion defence. In this article, W+K partners Nick Lux and Andrew Brennan provide in-depth analysis of […]

By : Anja Vogel Mar 31, 2021 Comments Off

Search