Is it reasonable to do nothing in response to a foreseeable risk?

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 ‘foreseeable risk’ and ‘reasonable response’ must not be conflated when considering whether a party has […]

Aggregation in a representative proceeding – Court gives further guidance for insurers

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. The Court held that the representative proceeding itself constituted one “claim” under the policy, but […]

Heidi Nash-Smith finalist for 2018 Pro Bono Lawyer of the Year

The Lawyers Weekly Women in Law Awards seeks to set a new benchmark for recognising female legal professionals with passion for the law as well as dedication to personal advancement. Last week, the 2018 short list was announced across all categories and we are delighted to advise Heidi Nash-Smith has been nominated as a finalist […]

Government Bill opens the back door for hackers

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 for hackers to access personal data stored on devices. Technology commentators say it will be […]

Report reveals rise in sexual harassment – support pack for businesses

Last week, The Australian Human Rights Commission released its fourth survey on the prevalence, nature and reporting of sexual harassment in Australian workplaces and the community. The results were not good, with one in three of the 10,000 Australians surveyed saying they had been sexually harassed at work. New data from the AHRC also shows […]

Insurance Remodelled – 2018/19 Market Conditions & Trends Report

I am delighted to welcome you to the launch of our annual Legalign Global insurance report, Insurance Remodelled, 2018/19 Market Conditions & Trends. The report has been produced by our Legalign Global partner DAC Beachcroft for a number of years to assist the insurance industry in the UK and has now been expanded to include […]

2018 Wotton + Kearney APIG Scholarship winner announced

Wotton + Kearney in partnership with the Australian Professional Indemnity Group are pleased to announce that James Skiba of DUAL Australia has won the 2018 W+K APIG Scholarship. James received the award at the Annual APIG National Conference Dinner held in Sydney on 6 September. James’s submission was selected by the judging panel for his detailed […]