High Court confirms Facebook page operators are liable for defamatory third-party comments

Fairfax Media Publications, Nationwide News and the Australian News Channel are currently being sued for defamation in separate proceedings by Dylan Voller, a former detainee in a juvenile justice detention centre, over third-party comments made about him on their Facebook pages. Before determining whether the Facebook comments were defamatory, the NSW Supreme Court ordered that […]

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 […]

Draft amendments to the UCT legislation

The expected changes to the UCT legislation are nearly upon us and have now been released in draft form. The purpose of the draft release is to provide a snapshot of the changes if the bill is passed and provide interested parties the opportunity to consult with the Treasury on the same. Given the bill […]

School successfully defends football head knock case

Mattock v State of New South Wales (New South Wales Department of Education) (No 2) [2021] NSWSC 1045 On 19 August 2021, the NSW Supreme Court dismissed a personal injury claim against a school, which followed the plaintiff’s ‘head knock’ collision with another student during a PE class. The decision was significant for insurers as it […]

D&O liability risks arising out of mining and energy decommissioning

Governments have been left to foot the bill for hundreds of millions of dollars for rehabilitation costs following high profile collapses of mining and energy companies. In response, legislation has been passed by federal, state and territory governments enabling them to pass on these costs to ‘related persons’, which could include directors and officers. In […]

NSW Supreme Court provides guidance on the insolvency test

The NSW Supreme Court recently dismissed two cases brought by various lenders against officers and employees of the failed steel giant Arrium. W+K’s Dean Pinto and Stephen Morrissey look at the useful guidance the Bank of Communications decision provides for insurers on the application of the insolvency test in section 95A of the Corporations Act […]

Workplace sexual harassment awards continue to rise

Golding v Sippel and The Laundry Chute Pty Ltd [2021] ICQ 14 Bouzerand v Olivo (Human Rights) [2021] VCAT 850 Two recent cases demonstrate a continued upwards trend in the quantum of awards in sexual harassment claims. On 2 August 2021, the Victorian Civil and Administrative Tribunal (VCAT) delivered its judgment in Bouzerand v Olivio […]

High Court clarifies it’s all about the employment contract

On 4 August 2021, the High Court handed down its decision in WorkPac v Rossato and unanimously and emphatically overturned the decision of the Full Federal Court. In combination with recent changes to the Fair Work Act 2009 (Cth), the High Court’s decision in WorkPac provides important guidance for employers and their EPL insurers on […]