NZ Privacy Act 2020 update 1 – what the new law means for insurers and their insureds

On 30 June 2020, New Zealand’s privacy regime was reformed with the royal assent of the Privacy Act 2020. The new legislation will come into effect on 1 December 2020. The new legislation introduces a range of reforms that bring New Zealand into line with international best practice for privacy and data protection. These include mandatory […]

Triangular arrangements recognised – the Employment Relations (Triangular) Amendment Act 2019

Triangular employment relationships have always been legal in New Zealand but have been criticised for being easily abused and for leaving workers without legal remedies. Addressing these concerns, The Employment Relations (Triangular) Amendment Act 2019 comes into effect on 27 June 2020. It updates the Employment Relations Act 2000 to provide more robust protections for […]

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 […]

Striking out a representative action – Houghton v Saunders

Throughout its long life the Feltex representative action proceeding has created a number of significant decisions. With the latest New Zealand High Court decision in Houghton v Saunders, the matter is now on the brink of being struck out. In this update, W+K’s Antony Holden and Michael Cavanaugh look at how the latest Feltex judgment is […]

Big compensation for the “difficult” employee and landmark decision on ‘permanent casuals’

There have been two recent decisions that will affect EPL insurers – Tran v. Macquarie University and Workpac v Rossato. The significant damages award of $614,000 in Tran highlights the significant risk associated with taking an adverse action against an employee who has made complaints. The Workpac decision is a landmark judgment that will have […]

Asbestos potency is a liability apportionment factor

In this recent decision, the Victorian Supreme Court held that it should consider the type, amount and potency of the asbestos used in the relevant products when apportioning liability between two manufacturers. The decision also highlights that, in making an assessment of comparative responsibility, the Court will not adopt an “overly mathematical” approach to apportionment. […]

COVID-19 Resource Centre

Wotton + Kearney is committed to keeping our clients informed of the insurance and broader business implications of the coronavirus outbreak. With senior insurance law experts across major policy types and market sectors, we are well placed to provide advice and tailored support in product lines and claims areas we specialise in. On this page […]

How W+K’s pro bono and community partners are providing support to the most vulnerable during COVID-19

In acknowledgement of Law Week 2020, Wotton + Kearney is highlighting the important work that our pro bono and community partners are doing to address the needs of clients during the COVID-19 pandemic. In our series of four case studies below we focus on seniors rights, homelessness, domestic violence and refugees. W+K’s Community Footprint program […]

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 […]

The new Privacy Act in New Zealand

New Zealand is currently in the process of passing a new Privacy Act. The approach to privacy law and regulation has changed significantly since the implementation of the Privacy Act 1993, and this latest reform is designed to bring New Zealand in line with international best practice. One significant change is the introduction of mandatory […]