Articles
W+K End of Year Message 2021
Wishing all our fabulous clients, colleagues and staff a safe and happy 2022. Here’s a little sample of another busy year at W+K.
Articles
La Niña declaration likely to herald rise in property claims
The Bureau of Meteorology has declared a La Niña weather event for the 2021-2022 summer. These events notoriously result in cyclones and other natural disasters, leading to tragic loss of life and billions in property claims costs. The current La Niña weather event undoubtedly will lead to a substantial increase in property damage and consequential […]
Articles, Thought Leadership
General Liability Trends Update: Towards 2022
2021 presented the general insurance industry with many uncertainties. Our 2020 GL Trends Report provided foresight into several trends that have impacted, and continue to impact, the general liability market in Australia and New Zealand, including historical abuse claims across different sectors, concussion and its impact on sport, as well as COVID-19 risks as it […]
Articles
D&O exposures to climate change risk – a Legalign Global white paper
In the wake of COP26 and the latest Intergovernmental Panel on Climate Change’s report, climate change risks continue to make headlines around the world. An increasingly concerning issue is the rise of D&O liability exposures related to climate change. In this white paper, Legalign Global member firms, including Wotton + Kearney authors Charu Stevenson, Michael […]
Articles
OPC releases report card on mandatory privacy breach notification
The Office of the Privacy Commissioner (OPC) has released its report on the first year of mandatory privacy breach notification under the New Zealand Privacy Act 2020. The report identifies a number of interesting trends, particularly regarding the prominent causes of privacy breaches notified to the OPC and the nature of the resulting harms. W+K’s […]
Articles
First Supreme Court judgment on application of new duty of care in DBP Act
The Supreme Court’s recent decision to refuse leave for the plaintiff to amend its List Statement in an alleged building defects claim has reinforced the fact that the statutory duty of care created under the DBP Act is assessed by the usual principles of negligence and does not require a higher standard be met. W+K’s […]
Articles
New national safety standards for quad bikes
On 11 October 2021, phase 2 of the Consumer Goods (Quad Bikes) Safety Standard 2019 came into effect. It addresses minimum stability criteria and operator protection devices for quad bikes. In this article, W+K’s Scott Macoun and Trent O’Neill, assisted by Adrian Ballard, look at changes to the national standard and discuss how they may […]
Articles
Global settlement agreements can cut both ways: Consider the recovery
Earlier this month the Australian Federal Court provided helpful guidance to insurers entering into settlement agreements with their insureds. The Full Court in AAI Insurance Limited trading as Vero Insurance v Technology Swiss Pty Ltd considered the doctrine of subrogation, how it applies when entering “full and final” settlement agreements before recovery is commenced, and […]
Articles
COVID-19 Mandatory Vaccination Order – Health and disability & Education sectors
From 26 October 2021, the COVID-19 Public Health (Vaccination) Order was extended to include workers in the health and disability and education sectors. The lack of time between the announcement, its publication and the requirement to have at least a first dose of vaccination – as well as confusion over who is affected and who […]
Articles, Case Alerts
Flooding definition decision keeps insurer’s position afloat
The Landel decision is the third Queensland instalment in ‘flood definition’ cases, which arise from the unfortunate events of the 2011 Brisbane floods and the more recent 2019 Townsville floods. In this matter, the insured lodged two claims for damage caused by monsoonal rain events and consequent flooding in and around Townsville. One was accepted […]