Professional Liability - Page 8 of 8

WK News

Specialist healthcare and medico-legal team joins Wotton Kearney in New Zealand

Wotton Kearney is delighted to announce that a substantial new healthcare and medico-legal team, including three partners, joined its Australasian healthcare practice on 1 January 2019 based in Auckland and Wellington. Partners Sean O’Sullivan, Aimee Credin and Adam Holloway, Senior Associates Murray Grant and Victoria Waalkens, and Solicitor Rebecca Daley have joined Wotton Kearney from […]

By : Anja Vogel Jan 21, 2019 Comments Off

Articles

Insurance for WHS fines – will they soon be prohibited?

Are fines appropriate penalties to deter companies and directors from breaching WHS laws when they can be indemnified by their insurers? Should insurance policies that cover these monetary penalties be made illegal and void? At the moment, companies and directors are able to insure against the risk of fines for breaches of WHS laws, however […]

By : Anja Vogel Jan 10, 2019 Comments Off

Articles

International D&O Update

There have been some interesting global developments that are changing the landscape for D&O insurers. In this first edition of our International D&O Update, we have joined with our Legalign Global alliance partners to bring a summary of landmark cases and regulatory developments that will impact insurers both here in Australia and across the globe. […]

By : Jessica Smith Dec 14, 2018 Comments Off

WK News

Heidi Nash-Smith finalist for 2018 Pro Bono Lawyer of the Year

The Lawyers Weekly Women in Law Awards seeks to set a new benchmark for recognising female legal professionals with passion for the law as well as dedication to personal advancement. Last week, the 2018 short list was announced across all categories and we are delighted to advise Heidi Nash-Smith has been nominated as a finalist […]

By : Jala Design Oct 9, 2018 Comments Off

Articles

Million dollar penalty imposed on licensee for systemic failures to address best interests duty

First time the Court has imposed a penalty on an Australian Financial Services Licensee (Licensee) for breaches of the best interests duty On 30 March 2017, Justice Moshinsky of the Federal Court of Australia (Court) delivered judgment, declaring multiple breaches of s961K(2) and s961L of Corporations Act 2001 (Act) by Licensee, NSG Services Pty Ltd […]

By : Naomi Miller Nov 3, 2017 Comments Off

Articles

The Wayne Tank Principle

As published in the New Zealand’s Law Talk magazine on 7 October 2017. The Leggs burnt green waste from their landscaping business and lifestyle block on their Canterbury property. While the fire initially reduced to ash, sufficient combustible material remained that it reignited some weeks later in a strong wind. The root cause was embers […]

By : Rebecca Scott Oct 17, 2017 Comments Off

WK News

Failed sterilisations: a “resurgence of common law claims” for loss of income?

J v Accident Compensation Corporation [2017] NZCA 441 What Happened New Zealand’s Court of Appeal has recently handed down a decision that may signal a partial retreat of the statutory bar to proceedings arising from medical misadventure. In a case involving a failed sterilisation, remarks made by the Court appear to leave open the possibility […]

By : Richard Flinn Oct 17, 2017 Comments Off

WK News

Australia adopts market-based causation (aka fraud on the market) for the first time

The elephant in the room in all shareholder class actions was whether shareholders had to establish their own reliance on the contravening conduct, or could merely rely on that conduct’s effect on the market, akin to the US concept of “fraud on the market”. The NSW Supreme Court has taken a step closer towards Australia […]

By : Patrick Boardman May 6, 2016 Comments Off

WK News

High Court confirms third party claimants can join insurers to proceedings

Yesterday the High Court handed down its decision in CGU Insurance v Blakeley [2016] HCA 2, a case which considers a third party claimant’s right to join an insurer to Court proceedings against an insured for the purpose of challenging the insurer’s decision to decline cover to the insured. After reviewing conflicting authorities on the […]

By : Allison Hunt Feb 12, 2016 Comments Off

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