Wind power creates a strong headwind for insurers

Onshore and offshore wind farms are the fastest growing renewable energy source in Australia, and the demand is accelerating. This growth is enabled by evolving wind technology, which continues to present distinct and expensive challenges for operators and their insurers. In this article, Adam Chylek and Doug Heard look at how insurers are actively informing […]

Ten ways IT professionals can avoid the blame game after a cyber breach

Australia is suffering from a ransomware epidemic and IT providers are increasingly being affected by both platform/supply chain and direct attacks. IT providers (in particular managed services providers) are an attractive target for direct attacks, given the potential knock-on impact to their clients and a likely increased motivation to pay the ransom. These attacks are […]

Judicial report highlights Victoria’s current approach to costs is “quite inadequate”

On 23 August 2022, the Supreme Court of Victoria released Supreme and County Court Review of Litigious Costs, a report written by the Hon. Justice Jack Forrest and Her Honour Kathryn Kings. The report recommends significant changes to the way costs are awarded, including replacing the much maligned ‘scale of costs’ used in the Supreme […]

Where will the RI Advice proceedings take us?

On 5 May 2022, the Federal Court delivered its penalty judgment in the RI Advice proceedings, which were commenced by ASIC for alleged breaches of its obligations as a financial services licensee under section 912A of the Corporations Act 2001 (Cth) following numerous cyber incidents. The Court made declarations of contraventions and ordered RI Advice […]

ACCC sets new product safety priorities

At the National Consumer Congress held in June 2022, the Chair of the ACCC, Gina Cass-Gottlieb, launched the ACCC’s Product Safety Priorities for 2022-23 under the theme “Protecting Tomorrow’s Consumers Today”. In this update, Scott Macoun and Trent O’Neill from W+K’s specialist Product Liability & Recall team look at the new product safety priorities, as […]

New Zealand Law Commission releases long-awaited report on class action and litigation funding

The New Zealand Law Commission’s long-awaited report on class action and litigation funding was released on 27 June 2022. The 483-page final report contains a broad range of recommendations, including a recommendation that there should be a Class Action Act and amendments to the High Court Rules. In this update, W+K’s Antony Holden and Michael […]

Roe v Wade – a lesson in complacency

On 24 June 2022, the United States Supreme Court overturned the 1973 decision of Roe v Wade. The decision has been criticised widely, including by many world leaders, as it is likely to cause significant social and economic impacts, particularly for many of America’s most vulnerable women. In this update, W+K Associate Summer Walker sits […]

Queensland to ban claim farming

On 22 June 2022, the Queensland Parliament passed new laws banning claim farming of personal injury claims in the state. The Personal Injuries Proceedings and Other Legislation Amendment Act 2022 (PIPOLA) seeks to end the proliferation of claim farming in Queensland through amendments to the Personal Injury Proceedings Act 2002 (PIPA), the Workers’ Compensation and […]

The legal position on gender dysphoria treatment in Australia

Recently, there has been considerable political discourse and public interest in the issue of gender affirmation surgery. In this update, W+K health law specialists Claudine Watson-Kyme and Marie-Clare Elder look at the legal position on gender dysphoria treatment in Australia and provide a brief history of the Family Court’s decisions regarding this issue. Click the […]

WA’s new workplace health and safety laws – the importance of a ‘global’ approach to WHS incidents

On 31 March 2022, the Work Health and Safety Act 2020 WA (WHS Act) came into effect. The major change for the insurance sector from the harmonised WHS legislation is that WHS penalties are no longer insurable. For insurers and brokers, this means it is important to ensure renewed policies do not contain terms that […]