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 […]

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 […]

Federal Court orders defendant to pay indemnity costs for misconduct

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 […]

Wotton Kearney recruits national EPL practice leader

Wotton Kearney is pleased to announce the appointment of Chris Mossman, a highly regarded workplace lawyer and commercial litigator, as a Partner and new leader of the firm’s Employment Practices Liability (EPL) practice, based in Sydney. Cain Jackson, leader of the firm’s Financial Lines practice commented: “In looking for a senior specialist to lead our […]

NSW Court of Appeal provides guidance on applications for the determination of separate questions

On 21 November 2019, the NSW Court of Appeal re-exercised the Court’s discretion to determine the limitation defence as a separate question in a dispute between a lender and a valuation firm. The decision, in which Wotton Kearney successfully acted for the valuation firm, provides guidance on when a separate question determination is appropriate. In […]

Extended powers for the REA Disciplinary Tribunal in NZ are now in force

On 29 October 2019, the Real Estate Agents Disciplinary Tribunal in New Zealand gained the jurisdiction to order a licensee to pay compensation of up to $100,000 where they are found guilty of unsatisfactory conduct. The threshold for unsatisfactory conduct is lower than the previous threshold of misconduct. On the same date the Disputes Tribunal […]

W+K APIG Scholarship – Submissions now open

Submissions are now open for both the Australian and New Zealand 2019 W+K APIG Scholarships. Established to support the career development of insurance professionals practising in PI and financial lines insurance in each country, the recipients will benefit from an outstanding sponsorship package and educational experience as recognition for their contribution to the industry. Full […]

Appeal decision clarifies when insolvency exclusion applies

The Full Federal Court recently upheld a primary judgment rejecting the application of an insolvency exclusion in a claim brought against directors of a company in voluntary administration. The judgment in AIG Australia Limited v Kaboko Mining Limited [2019] FCAFC 96 provides useful guidance on the scope of the application of insolvency exclusions. Wotton Kearney’s […]

Parametrics: the next big thing?

Parametric insurance is becoming increasingly common as it give insurers a way to resolve risk-transfer concerns. The success of these products depends on the accuracy and objective nature of the parameters set and a deep understanding of the potential exposures. Nick Lux, Aisha Lala and Ben Hine consider the rising popularity of this product in […]

Lacrosse fire litigation: builder and consultants found liable for combustible cladding

On 28 February 2019, Australia’s first decision regarding the roles and responsibilities of builders and other building consultants regarding the use of combustible cladding was handed down. The Victorian Civil and Administrative Tribunal upheld the Owners Corporation and lot owners’ claims against the builder following a fire in November 2014 that involved combustible ACP cladding […]