Wotton + Kearney announces partnership with Straight Bat

Wotton + Kearney has entered a partnership with investment firm Straight Bat. This move will assist us to accelerate our ambitious client solutions and growth objectives. Straight Bat is taking a minority stake in Wotton + Kearney, providing insight and governance with two non-executive board appointments and injecting equity and corporate expertise into our business. […]

Rise and fall clauses could be another tool to hang on a constructor’s belt

With construction industry participants seeing an increase in costs, rise and fall clauses have been floated as a solution for easing current cost pressures. Essentially, a rise and fall clause in a construction contract shifts key project pricing risks from the contractor to the principal. In this update, W+K’s Construction PI specialists Aaron Bolton, Robert […]

NSW Court of Appeal again grants a stay of historic child abuse civil litigation

The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 The NSW Court of Appeal has overturned a first instance decision and stayed historic child abuse proceedings in circumstances where the alleged perpetrator had died before the allegations were put to him. The case was stayed despite evidence […]

Online defamation position remains unclear after Voller settles and Anti-Trolling Bill lapses

In the wake of the High Court’s landmark decision in Voller, social media platform providers and their insurers are still awaiting clarity on the defamation issues raised in the case. The Voller decision confirmed that Facebook page operators were liable as ‘publishers’ for defamatory third-party comments left on their social media posts. However, the defence […]

Risk profile for construction professionals rises with new Supreme Court decision

Following the recent decision in Goodwin, the Supreme Court of NSW has handed down another decision that considers the scope of the duty arising under the DBPA and to whom it is owed. In Pafburn, the court established the duty is prima facie owed by those who are able to control how the construction work […]

Wotton + Kearney expands into Adelaide

Wotton + Kearney has opened an office in Adelaide, continuing its growth trajectory and expanding its footprint into seven cities across Australia and New Zealand. The small Adelaide team will be led by Financial Lines Partner Nick Lux. Nick will spend his time between his home town of Adelaide and Melbourne. He will be joined […]

NSW Supreme Court clarifies scope of statutory duty of care for construction industry

On 19 May 2022, the Supreme Court of NSW handed down the first substantive decision on the application of the statutory duty of care introduced by Part 4 of the Design and Building Practitioners Act 2020 (NSW) in June 2020. The effect of this judgment is that, arguably, the statutory duty of care extends to […]

Model guidance for consistent national construction reforms

The ABCB has issued an Implementation Report and model guidance documents that address most of the recommendations contained in the 2018 Building Confidence Report. These developments are the latest in an ongoing effort to address building defects and failures Australia-wide. While significant consumer and industry benefits associated with consistent adoption of the model guidance have […]

Wotton + Kearney commits to ‘20 Actions for 20 Years’

To celebrate our 20th anniversary, Wotton + Kearney is committing to making ‘20 Actions for 20 Years’  that will make the firm a better and more responsible business. The 20 Actions for 20 Years Project promises to create a lasting legacy for the firm in the areas that its people think are most important today […]

Recent NCAT decision reinforces need for care around billing practices

Health Care Complaints Commission v Kolos [2022] NSWCATOD 46 The NSW Civil and Administrative Tribunal (NCAT) recently heard a complaint against a medical practitioner, which involved – among other things – allegations of inappropriate and excessive billing practices in breach of specific conditions on the practitioner’s registration. This case provides a timely reminder to all […]