As published in the November 2017 issue of Law Talk, the official magazine of the New Zealand Law Society. Wotton + Kearney’s Auckland Partner Rebecca Scott and Solicitor Ines Shennan review the Supreme Court of New Zealand’s decision involving the termination of … Read More

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 … Read More

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 … Read More

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 … Read More

Ku-ring-gai Council v Chan [2017] NSWCA 226 WHAT YOU NEED TO KNOW The New South Wales Court of Appeal has delivered a decision that creates significant difficulties for subsequent purchasers of domestic properties who seek recovery from building consultants for … Read More

Singapore Airlines Cargo Pte Ltd v Principle International Pty Ltd [2017] NSWCA 216 WHAT YOU NEED TO KNOW Shippers/exporters must exercise care to comply with their regulatory requirements for cargo handling and ensure the air carrier is informed of any … Read More

Holland v City of Botany Bay Council [2017] NSWSC 1120 WHAT YOU NEED TO KNOW This Supreme Court judgment will be of interest to state and council road authorities, and their insurers. The decision provides clarification on when a roads … Read More

From 1 July 2017, a child abuse victim in Victoria will be able to avoid many of the historical impediments that would have previously prevented them from seeking legal redress. New laws have been passed in Victoria that impose a new duty … Read More

At the end of the year the High Court will hear an application about whether the Federal Court has power to prohibit another person from indemnifying a respondent for their liability to pay a civil penalty. The question arises after … Read More

In the final installment of our exclusive series with ANZIIF: ‘How Advances in Medical Technology Are Impacting Insurance’, Karen Jones (Partner) and Dominic Flannery (Special Counsel)  predict the likely benefit of the historical data from stroke victims on patients and insurers. You’d … Read More