To opt-in or out – that is the question before the Supreme Court when Ross returns in March

New Zealand has no statutory or regulatory framework that specifically deals with class or representative actions, which is why NZ claimants have relied on High Court rules as the mechanism to bring a representative action. The Courts considered, before Ross v Southern Response Earthquake Services Limited, the rule permitted only an opt-in action for the group. […]

Property specialist Andrew Moore named a Rising Star in New Zealand

Wotton + Kearney is proud to announce that Senior Associate Andrew Moore has been named in NZ Lawyer’s inaugural 2020 Rising Stars list released this week. The list has been established by NZ Lawyer to recognise a small group of up-and-coming stars in the New Zealand legal profession who are committed to making a difference and are showing signs […]

Million dollar dismissal claims

Traditionally, multi-million dollar payouts in employment litigation were only awarded to executives of large corporates and high-profile public figures. With the evolution of the General Protections provisions in the Fair Work Act 1999, “average workers” are now regularly seeking – and winning – high levels of compensation and damages through adverse action claims. W+K’s EPL specialist […]

Ducking for cover – will ISR extensions offer protection from the new coronavirus?

The 2019 Novel Coronavirus has now been declared a Public Health Emergency of International Concern by the World Health Organisation (WHO) – only the sixth time the WHO has made such a declaration. An international event of this size and complexity carries a range of insurance risks. While impacts on some lines of insurance remain […]

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 […]

The combustible cladding crisis continues with Biowood

The New South Wales Civil and Administrative Tribunal (NCAT) decision in Taylor Construction  has put the spotlight on another form of combustible cladding – Biowood. With NCAT accepting that Biowood is a combustible building material that poses an undue fire risk, the Taylor Construction decision has had widespread coverage within the residential strata property industry so owners’ corporations […]

Decision confirms need to address clear criteria in pursuing direct recoveries against insurers

Sergienko v AXL Financial Pty Ltd [2019] NSWSC 1610 On 21 November 2019, the Supreme Court of NSW dismissed an application brought by the fourth and fifth defendant seeking leave for joinder of an insurer in place of a deregistered legal practice under Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW). This decision confirms […]

New technology and the risks of convenience

From smart phones and drones to early artificial intelligence and the Internet of Things, technology has the potential to enhance our quality of life in so many different ways. While technological advancements can provide considerable convenience, are we being sold convenience and innovation over security? W+K Cyber specialists Kieran Doyle and Eden Winokur recently talk […]

Cyber claims likely to rise following announcement of digital regulatory reform and Australia’s first privacy class action decision

On 11 December, the Australian Government announced its reform package in response to the ACCC’s digital platforms inquiry, which includes a series of initiatives designed to address the market power, transparency and fair competition associated with tech giants. For insurers, the proposed strengthening of regulations – combined with news of the NSW Ambulance workers’ settlement […]