Aged care reform heralds heightened risk for insurers

The Royal Commission into Aged Care Quality and Safety is due to publish its final report on 26 February 2021. Its work, combined with the devastating impact of COVID-19, make it clear that significant change is on the way for the aged care sector. In this article, Chris Spain along with Cain Jackson and Charles […]

Landmark decision clarifies who influences and controls workplaces

We’re excited to share an article about this important case that’s been written by our new partner Sian Gilbert, an Accredited Specialist in Employment and Industrial Relations. With the Assign Blue case, the concept of the capacity to “influence and control” a workplace has been explored for the first time under the work, health and […]

High Court finds general advice can get personal

On 3 February 2021, the High Court unanimously dismissed Westpac’s appeal in Westpac Securities Administration Ltd v ASIC [2021] HCA 3. It held that Westpac’s call centre operators, in making outbound calls to existing superannuation members, provided personal advice to retail clients in breach of AFSL conditions. This is the first High Court pronouncement on […]

W+K Community Footprint FY2020 Report

Last year, vulnerable members of our communities needed more help than ever before. Through our Pro Bono and Responsible Business program, Community Footprint, W+K was able to help people experiencing homelessness, refugees and people seeking asylum, people experiencing domestic violence, and the elderly. Our Community Footprint program is a core part of who we are, […]

Insurance position helps halt PIPA claim

In a recent application heard before the Supreme Court of Queensland, a personal injuries claimant failed in his attempt to join a respondent to his PIPA pre-court claim outside of the legislative timeframe. The prospective respondent’s insurance position was highly relevant to the court’s dismissal of the application. In this case alert, Scott Macoun and […]

The Hayne Royal Commission’s impact on insurers in 2021

A year after the Royal Commission report was submitted, claims handling has emerged in its wake as one of the biggest issues for the insurance industry. The Financial Sector Reform (Hayne Royal Commission Response) Act 2020 (the Act) was given assent on 17 December 2020. Schedule 4 of the Act which has the effect of […]

Emerging general liability trends update and videos

There have been a number of general liability trends strengthening or emerging across 2020. Construction risks remain a hot topic given the increased infrastructure activity across all states, coupled with the high levels of political, public and media attention on building defects and cladding issues. There is also growing interest in litigation funding activity focussing […]

NSW building industry’s mandatory insurance requirements begin to take shape

On 17 November 2020, the NSW Government released the Draft Design and Building Practitioners Regulation 2020 (NSW) for public consultation, which is designed to support an effective legislative framework for industry reform. Insurers will need to know what mandatory insurance requirements will be put in place for design and construction practitioners. Whilst not in a […]

NZ Privacy Act 2020 update #3 – The serious ‘serious harm’ decision

Today New Zealand’s new privacy regime comes into effect. Arguably the most important change created by the Act is that it is now mandatory for businesses to report privacy breaches in situations likely to cause serious harm. Assessing whether a business has a reasonable belief that a breach has caused serious harm can be a […]