Construction trends – checking the rear vision mirror while keeping an eye on the road ahead

The past year in the construction industry has been punctuated by a collection of legislative reforms, pandemic responses and technology advances. It’s also been a challenging time in which the industry has been dealing with the continued fallout from market-shaping events, such as the Lacrosse and Grenfell Tower fires, and heightened rates of insolvency. Against […]

When is a dangerous recreational activity risk obvious?

Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11 On 6 April 2022, the High Court addressed the dangerous recreational activity defence under the Civil Liability Act 2002 (NSW) with its decision in Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11. In the decision, the majority of the […]

Treasury consults on new crypto asset licensing regime

On 21 March, the Treasury released a consultation paper about the regulation of secondary service providers of cryptocurrency assets (CSSPs). The consultation paper highlights the current ‘patchwork’ nature of regulation of crypto assets, noting that some crypto assets may already be subject to the existing Australian Financial Services (AFS) or consumer law frameworks. The paper […]

No novel duty owed: Full Federal Court upholds Minister’s appeal in Sharma

The Full Federal Court has unanimously overturned the landmark Sharma decision, which found the Commonwealth Minister for the Environment owed a duty of care to Australian children to avoid risk of personal injury when considering whether to approve a coalmine expansion. While this appeal concerned one Minister’s specific exercise of power under Commonwealth legislation – […]

The rising risks of shipping electric vehicles for shipowners, carriers and cargo interests

The significant uptake of electric vehicles (EVs) is not without risk. This is particularly true during shipping because of the potential fire hazards posed by lithium-ion batteries and the fact that EVs are not classified as dangerous goods on roll-on/roll-off vessels. Given the high value of damages associated with shipping fires, and the complexities of […]

International Women’s Day 2022

To celebrate International Women’s Day, W+K has again joined our Legalign Global colleagues to create a series of videos to share real stories from across our network in support of this year’s theme – #BreakTheBias.

International Women’s Day 2022 – Gender equality key to tackling climate risk

This week, while much of the east coast of Australia was experiencing catastrophic floods, leading insurance law firm Wotton + Kearney hosted a panel event for International Women’s Day 2022, following the United Nations theme Changing climates: Gender equality today for a sustainable tomorrow. Discussing how women and girls are disproportionately impacted by the effects of […]

Deep Dive on Inclusion Survey Report 2021

Wotton + Kearney has again joined forces with Liberty Specialty Markets and ANZIIF to investigate how experiences of workplace inclusion are affecting the insurance industry. More than 400 ANZIIF members and industry participants shared their views on inclusion via the online survey to inform our Deep Dive on Inclusion Survey Report 2021. The report is […]

Employee or independent contractor? The High Court reiterates that it’s all about the contract

Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 Two landmark High Court cases have decided that the terms of a written contract will determine whether a person is an employee or a contractor. This is a major shift […]

Get to know Meisha Tjiong, partner and General Liability specialist

In our next partner Q&A, we get to know Sydney based General Liability specialist, Meisha Tjiong. Tell us about your journey to becoming a partner at W+K I feel it has been quite a (long) journey to Partnership and I have had a few detours along the way, which have allowed me to focus on […]