Articles - Wotton + Kearney

General Liability Trends Update: Towards 2022

2021 presented the general insurance industry with many uncertainties. Our 2020 GL Trends Report provided foresight into several trends that have impacted, and continue to impact, the general liability market in Australia and New Zealand, including historical abuse claims across different sectors, concussion and its impact on sport, as well as COVID-19 risks as it […]

By : Emily Xue Dec 9, 2021 Comments Off

Articles

OPC releases report card on mandatory privacy breach notification

The Office of the Privacy Commissioner (OPC) has released its report on the first year of mandatory privacy breach notification under the New Zealand Privacy Act 2020. The report identifies a number of interesting trends, particularly regarding the prominent causes of privacy breaches notified to the OPC and the nature of the resulting harms. W+K’s […]

By : Emily Xue Dec 3, 2021 Comments Off

Articles

First Supreme Court judgment on application of new duty of care in DBP Act

The Supreme Court’s recent decision to refuse leave for the plaintiff to amend its List Statement in an alleged building defects claim has reinforced the fact that the statutory duty of care created under the DBP Act is assessed by the usual principles of negligence and does not require a higher standard be met. W+K’s […]

By : Emily Xue Dec 1, 2021 Comments Off

Articles

New national safety standards for quad bikes

On 11 October 2021, phase 2 of the Consumer Goods (Quad Bikes) Safety Standard 2019 came into effect. It addresses minimum stability criteria and operator protection devices for quad bikes. In this article, W+K’s Scott Macoun and Trent O’Neill, assisted by Adrian Ballard, look at changes to the national standard and discuss how they may […]

By : Emily Xue Nov 26, 2021 Comments Off

Articles

Global settlement agreements can cut both ways: Consider the recovery

Earlier this month the Australian Federal Court provided helpful guidance to insurers entering into settlement agreements with their insureds. The Full Court in AAI Insurance Limited trading as Vero Insurance v Technology Swiss Pty Ltd considered the doctrine of subrogation, how it applies when entering “full and final” settlement agreements before recovery is commenced, and […]

By : Emily Xue Nov 12, 2021 Comments Off

Articles

COVID-19 Mandatory Vaccination Order – Health and disability & Education sectors

From 26 October 2021, the COVID-19 Public Health (Vaccination) Order was extended to include workers in the health and disability and education sectors. The lack of time between the announcement, its publication and the requirement to have at least a first dose of vaccination – as well as confusion over who is affected and who […]

By : Emily Xue Nov 9, 2021 Comments Off

Articles, Case Alerts

Flooding definition decision keeps insurer’s position afloat

The Landel decision is the third Queensland instalment in ‘flood definition’ cases, which arise from the unfortunate events of the 2011 Brisbane floods and the more recent 2019 Townsville floods. In this matter, the insured lodged two claims for damage caused by monsoonal rain events and consequent flooding in and around Townsville. One was accepted […]

By : Emily Xue Nov 5, 2021 Comments Off

Articles, Blogs, Thought Leadership

Resource hub: Developments and updates in the building and construction industry

Australia is seeing sweeping state-based legislative reform intended to regain public confidence in the building and construction industry. For example, in NSW, the Design and Building Practitioners Act 2020 will have a significant effect on establishing the liability of design and building practitioners within the construction industry and how they are insured. In contrast, the […]

By : Emily Xue Nov 2, 2021 Comments Off

Articles

Cladding appeal decision provides further clarity about the ‘attachment’ exception

A recent decision to uphold a NCAT appeal decision has provided a useful judicial articulation of some of the relevant clauses from the Building Code of Australia regarding cladding compliance. The decision also provides further clarity about the ‘attachment’ exception which, in certain circumstances, permits the use of combustible cladding. W+K’s Marcus Saw looks at […]

By : Emily Xue Oct 25, 2021 Comments Off

Articles

Health and disability sectors in New Zealand must engage with unvaccinated workers now

On 11 October 2021 the New Zealand Government announced its intention to extend the COVID-19 Public Health Response (Vaccinations) Order 2021 (vaccination order) to require high risk workers in the health and disability sectors to receive their first vaccination dose by 30 October 2021 and to be fully vaccinated by 1 December 2021. Employers in […]

By : Emily Xue Oct 21, 2021 Comments Off