NSW EPA concedes more protection for individuals subject to “special executive liability”

In recent years, the issue of environmental protection has grown in importance.  As a result, the powers of the NSW Environmental Protection Authority (the EPA) to investigate and prosecute environmental offenders (including corporations and individuals) are being increasingly applied. Last month in Fordham v EPA [2018] NSWCA 167, the EPA clarified that any responses provided […]

A win for the cleaners – practice doesn’t require perfection

Last week the NSW Court of Appeal found in favour of a cleaning contractor in Argo Managing Agency Pty Ltd v Al Kammessy [2018] NSWCA 176. The Court reiterated that the duty of care owed by a cleaner is to exercise reasonable care to identify and remove potential hazards, not to guarantee that all hazards […]

ASIC bolsters cross border powers with landmark agreement

The Australian Securities and Investments Commission (ASIC) recently announced that it has become one of the first signatories to a new co-operative agreement between leading international securities regulators in the UK, USA, Hong Kong, British Columbia and Singapore. In our article “ASIC Bolsters Cross Border Powers With Landmark Agreement”, Special Counsel Naomi Miller reviews the […]

2018 Partner & Senior Promotions

The world around us is changing daily. To continue to deliver fresh perspectives that meet your diverse business needs, we are pleased to announce the promotion of seven senior lawyers in Australia from 1 July 2018, including three new partners and our first female partner in W+K’s Melbourne office. These outstanding appointments support our continued […]

Lost Years: The High Court rules on whether future pension entitlements are recoverable

On 13 June 2018, the High Court held that loss of future superannuation pension payments may be compensated as loss of earning capacity, but that the loss of future aged pension payments are not. In this update, our Melbourne team of Allison Hunt (Special Counsel), Andrew Seiter (Partner) and Jackson Pannam (Associate) explore the circumstances […]

Heidi Nash-Smith Announced 2018 Pro Bono Partner of the Year

Heidi Nash Smith, partner at W+K, has been awarded the prestigious Lawyers Weekly ‘Pro Bono Partner of The Year’ Award last Friday evening. Chosen from an exceptional list of pro bono candidates, Heidi has been responsible for growing the W+K pro bono program from 12 lawyers to 68 this year, which accounts for more than […]

W+K awarded with the ANZIIF 2017 EE Vines Memorial Award

Congratulations to Wotton + Kearney Partners, Charles Simon and Richard Johnson who were awarded with the ANZIIF 2017 EE Vines Memorial Award, for their article “Concussion in Sport: Insurers be Alert, Not Alarmed”. The award has been in place since 1956 and recognises the most meritorious article written by ANZIIF members as selected by the Journal […]

Competing Class Actions – the Court considers how best to address the problem

With the increasing number of litigation funders and plaintiff class action law firms, the threat of multiple competing class actions in respect of the same issues and the associated increased costs are an ever increasing risk for both insurers and insureds alike.  The recent Federal Court decision of Justice Lee in Perera v GetSwift Ltd […]

GDPR: How One Website Advertisement Could Cost You Millions from May 25, 2018

The General Data Protection Regulation (GDPR) affects businesses across the globe, despite originating in the European Union (EU) and comes into force today. It is not too late to consider the impact as an Australian or New Zealand business owner. What makes this new regulation unique is the obligations imposed on businesses worldwide to comply […]