NZ Court of Appeal upholds insurers’ right to cancel the policies of fraudulent claimants

Taylor v Asteron Life Limited [2020] NZCA 354: On 19 August 2020, the Court of Appeal upheld insurers’ rights to cancel policies and seek damages when there are fraudulent claims. This decision was also significant as it was the first time the Court of Appeal has applied the common law fraudulent claims rule. In this […]

When recreation means more – NSW Court of Appeal reinforces broad recreational activity definition

Carter v Hastings River Greyhound Racing Club [2020] NSWCA 185: On 21 August 2020, the NSW Court of Appeal again confirmed ‘recreational activities’ do not need to be ‘recreational’ in the ordinary meaning of the term with its decision in Carter. The Court’s decision also reinforced the position that being a volunteer does not affect […]

A new duty of care changes the liability landscape – the impact of the Design and Building Practitioners Bill 2020

With the Design and Building Practitioners Bill 2020, the NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the construction industry. In this update, W+K’s Andrew Moore, Robert Finnigan and Chris Knight look at the key issues for insurers created by the introduction of mandatory compliance declarations by construction […]

An Australian first – privacy regulator commences action against Facebook

On 9 March 2020, the Office of the Australian Information Commissioner (OAIC) lodged Federal Court proceedings against Facebook for ‘serious and/or repeated’ breaches of the Privacy Act in an action that is the first of its kind in the Australian legal landscape. The case marks the turning point where the Australian regulator signals more of […]

COVID-19: Implications for insurers – A Legalign Global Report

The significant impact of the coronavirus pandemic is being felt worldwide. For the insurance sector, the exposures created by the coronavirus are significant as an international event of this size and complexity carries a range of insurance risks, including first party and supply chain business interruption, event cancellation, travel and liability claims. Legalign Global’s alliance […]

W+K Financial Lines specialist David Frew named a Rising Star

Wotton + Kearney is delighted to announce that Senior Associate David Frew has been named in Australasian Lawyer’s 2020 Rising Stars List released this week. The list recognises a small group of up-and-coming stars in the Australian legal profession who are committed to making a difference and are showing signs of becoming the industry’s future […]

Supreme Court of Victoria’s historical child sexual abuse decision confirms damages in one case are not binding on another

The Supreme Court of Victoria has handed down its judgment in the matter of Waks v Cyprys & Ors [2020] VSC 44, which involved an assessment of common law damages regarding a claim for historical child sexual abuse. The Waks decision highlights that awards for general damages in Victorian matters continue to turn on their […]

NSW Court of Appeal declines to stay historic abuse matter

On 19 February 2020, the NSW Court of Appeal further clarified its position on granting a permanent stay of proceedings that involve allegations of historical child abuse in Gorman v McKnight [2020] NSWCA 20. Following the Court’s recent decisions regarding this issue in Moubarak bht v Holt and Council of Trinity Grammar School v Anderson, […]

Wotton + Kearney announces seven senior promotions

Wotton + Kearney is pleased to announce seven senior promotions in Australia and New Zealand, including new Partner, Hope Saloustros, four Special Counsel and two Senior Associates, effective 1 January 2020. Executive Chairman David Kearney said: “These promotions reflect Wotton + Kearney’s on-going commitment to recognising and developing rising stars in our talented team, as […]

W+K End of Year Message 2019

It’s been another busy year at W+K and we have provided a brief snap-shot of the year in the video below. Earlier this year we announced our charity partner until the end of 2020 is the Black Dog Institute – a world leader in the diagnosis, prevention and treatment of mood disorders, such as depression […]