The combustible cladding crisis continues with Biowood

The New South Wales Civil and Administrative Tribunal (NCAT) decision in Taylor Construction  has put the spotlight on another form of combustible cladding – Biowood. With NCAT accepting that Biowood is a combustible building material that poses an undue fire risk, the Taylor Construction decision has had widespread coverage within the residential strata property industry so owners’ corporations […]

New technology and the risks of convenience

From smart phones and drones to early artificial intelligence and the Internet of Things, technology has the potential to enhance our quality of life in so many different ways. While technological advancements can provide considerable convenience, are we being sold convenience and innovation over security? W+K Cyber specialists Kieran Doyle and Eden Winokur recently talk […]

Cyber claims likely to rise following announcement of digital regulatory reform and Australia’s first privacy class action decision

On 11 December, the Australian Government announced its reform package in response to the ACCC’s digital platforms inquiry, which includes a series of initiatives designed to address the market power, transparency and fair competition associated with tech giants. For insurers, the proposed strengthening of regulations – combined with news of the NSW Ambulance workers’ settlement […]

The critical role of decision makers in adverse action claims

The recent Full Federal Court of Australia decision, Australian Red Cross Society v Queensland Nursing Union of Employees [2019] FCAFC215, serves as a timely reminder of the importance of “decision maker” evidence in adverse actions claims. In this update, Wotton + Kearney’s Chris Mossman and Lisa Schumacher look at employers’ exposures around decision makers and ways […]

Federal Court orders defendant to pay indemnity costs for misconduct

BAM Property Group Pty Ltd as trustee for BAM Property Trust v Imoda Group Holdings Pty Ltd (No.2) [2019] FCA 2072 On 9 December 2019, the Federal Court ordered the unsuccessful defendants in a shareholder oppression action to pay the plaintiffs’ costs of the entire proceedings on an indemnity basis. In this update, Andrew Moore […]

NSW Court of Appeal grants permanent stay for institutional defendant

On 9 December 2019, the NSW Court of Appeal granted a permanent stay of proceedings, as sought by an institutional defendant in a matter involving historic child sexual abuse claims. This decision confirms there is scope to obtain a permanent stay where the lack of evidence would unfairly prejudice the defendant. In this article, Meisha […]

NSW outlaws insurance for WHS penalties

The NSW Government will be the first state government to outlaw insurance for WHS penalties when the Work Health and Safety Amendment (Review) Bill 2019, which is currently before the NSW Parliament, becomes operative. The legislation is expected to come into effect early next year. The proposed Bill sets out three new offences regarding insurance for […]

The Current State Of Personal Injury Litigation – Western Australia

Wotton + Kearney is pleased to release the first of our series of guides aimed at helping insurers, brokers and their respective clients to understand the varying regimes and trends in personal injury litigation across Australia – starting with Western Australia. The Current State of Personal Injury Litigation in WA is set against the backdrop of the […]

Wotton + Kearney named a 2019 Employer of Choice

Wotton + Kearney is pleased to have been named a 2019 Employer of Choice in Australasian Lawyer’s inaugural Employer of Choice rankings announced this week. Firms were assessed on the qualitative and quantitative information they provided in areas including remuneration, diversity and inclusion, training and professional development, health and wellbeing. According to the award organisers, […]