Insights

The Victorian Supreme Court recently summarily dismissed the lead Plaintiffs’ claims in Block v Powercor, a bushfire class action issued against a Victorian electricity distributor. The decision is noteworthy as summary dismissals are rare, particularly in class actions and representative proceedings. While … Read More

The gig economy is reshaping employee class actions, with recent decisions classifying independent contractors and casual workers as employees. Historically, employee class actions were the monopoly of the union movement. But with the waning of union membership and influence, and … Read More

Kaboko Mining Limited v Van Heerden (No 3) [2018] FCA 2055 When an insurance policy includes a clause stating that cover will not extend to any loss based on the insolvency of a company, you need to be careful about … Read More

Claims for sexual harassment have risen significantly in Australia during the past year, and they will keep rising. The recommendations from the National Inquiry into Sexual Harassment in Australian Workplaces could mean new claim types emerge. A rise in claims, … Read More

  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 … Read More

Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308 In February 2014, a landing aircraft collided with a kangaroo at Kempsey Aerodrome and was damaged. The owners of the aircraft Five Star Medical Centre Pty Ltd … Read More

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 … Read More

Last week the ACT Court of Appeal found in favour of an occupier of a car park in a negligence case: Jennings v George Harcourt Management Pty Ltd [2018] ACTCA 50. The decision is a reminder that the issues of … Read More

Bank of Queensland Ltd v AIG Australia Ltd [2018] NSWSC 1689 The NSW Supreme Court recently considered the application of a “related wrongful acts” aggregation provision in the context of a representative proceeding commenced against the insured, Bank of Queensland. … Read More

The Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018 was introduced to Parliament on 20 September. While the Bill may sound innocuous, its scope and implications could significantly impact personal data security in Australia and make it easier … Read More