One of the most important outstanding issues in shareholder class actions is the extent to which the shareholder has to prove reliance on the alleged wrongful conduct. In De Bortoli Wines Pty Ltd v HIH Insurance Ltd (in liquidation) [2012] FCAFC … Read More

In the past several months we have seen a number of actual and proposed changes to legislation that will affect participants in the construction industry.  In the attached bulletin, we briefly examine changes to the Home Building Act 1989 (NSW) … Read More

The NSW Court of Appeal decision of Woolworths Ltd v Strong [2010] NSWCA 282 had provided some welcome relief to occupiers and their insurers by raising the evidentiary burden imposed on plaintiffs to establish a causal connection between a defendant’s … Read More

David Kearney and Adam Chylek have co-authored the Australian chapter of The International Comparative Legal Guide to: Insurance & Reinsurance 2012, which is published by Global Legal Group Ltd, London. To access the chapter, please click on the link below. … Read More

Section 54 of the Insurance Contracts Act 1984 provides relief to insureds whose acts or omissions would otherwise entitle an insurer to refuse to pay a claim. The decision of Highway Hauliers Pty Ltd v Maxwell offers some guidance in … Read More

On 15 December 2011, the New South Wales Court of Appeal delivered a judgment (Vella) which significantly limits the circumstances in which a defendant to a NSW claim can argue that its liability to the plaintiff should be limited to … Read More

It is not often that a case occurs that has the potential to radically affect the Australian liability insurance landscape, particularly when it is a New Zealand decision. However, the judgment of the High Court of New Zealand in Steigrad … Read More

We are delighted to introduce our fifth annual Wotton + Kearney “Insurance Year in Review” publication. In last year’s publication we described  2010 as a year dominated by weather events. Those events now look somewhat benign when compared with the … Read More

Wotton + Kearney recently acted for Trius in a case which considered the requirements for terms and conditions to be incorporated into an oral contract in circumstances where a party sought to rely on those terms in order to avoid … Read More

In Smart v Westpac Banking Corporation [2011] FCA 829, Jagot J of the Federal Court considered whether the statutory duty of utmost good faith in section 13 of the Insurance Contracts Act 1984 (Cth) extended to an “insured person” under … Read More