Articles

D&O liability risks arising out of mining and energy decommissioning

Governments have been left to foot the bill for hundreds of millions of dollars for rehabilitation costs following high profile collapses of mining and energy companies. In response, legislation has been passed by federal, state and territory governments enabling them to pass on these costs to ‘related persons’, which could include directors and officers. In […]

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By : Sep 2, 2021 Comments Off on D&O liability risks arising out of mining and energy decommissioning
Articles

NSW Supreme Court provides guidance on the insolvency test

The NSW Supreme Court recently dismissed two cases brought by various lenders against officers and employees of the failed steel giant Arrium. W+K’s Dean Pinto and Stephen Morrissey look at the useful guidance the Bank of Communications decision provides for insurers on the application of the insolvency test in section 95A of the Corporations Act […]

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By : Aug 30, 2021 Comments Off on NSW Supreme Court provides guidance on the insolvency test
Articles

High Court clarifies it’s all about the employment contract

On 4 August 2021, the High Court handed down its decision in WorkPac v Rossato and unanimously and emphatically overturned the decision of the Full Federal Court. In combination with recent changes to the Fair Work Act 2009 (Cth), the High Court’s decision in WorkPac provides important guidance for employers and their EPL insurers on […]

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By : Aug 5, 2021 Comments Off on High Court clarifies it’s all about the employment contract
Articles

Recent actions tackle expanding ransomware threat

Ransomware has established itself as one of Australia’s fastest growing cybercrime threats. In recent months, both the Australian Government and Opposition have taken action against this serious threat, with further changes flagged. In this update, W+K cyber and privacy specialists Kieran Doyle, Samuel Hartridge and Ronny Raychaudhuri look at these developments and explore how they […]

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By : Aug 3, 2021 Comments Off on Recent actions tackle expanding ransomware threat
Articles

Additional COVID-19 Rules in NSW: Construction employers’ questions answered

As construction shuts down in NSW today and tradespeople down tools as a result of further COVID-19 restrictions across Greater Sydney, there are many questions that remain unanswered. In this update, W+K’s Sian Gilbert, Chris Mossman and Chris Spain, assisted by Ella Lim, look at the options available to construction employers, including standing down employees, […]

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By : Jul 19, 2021 Comments Off on Additional COVID-19 Rules in NSW: Construction employers’ questions answered
Articles

High Court determines leaky defect exclusion

On 21 June 2021, the High Court handed down its substantive decision on the application of a leaky defect exclusion against a mixed defect claim in Napier City Council v Riskpool. The High Court upheld Riskpool’s declinature of a defective building claim for Waterfront Apartments by Napier City Council. In doing so, it addressed issues […]

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By : Jul 15, 2021 Comments Off on High Court determines leaky defect exclusion
Articles

NSW Court of Appeal offers further guidance on when notified facts give rise to a claim

With the recent Kauter Investments decision, the NSW Court of Appeal has provided further guidance on prior notified facts that might give rise to a claim. In this article, W+K’s Charu Stevenson and Yen Tan examine the implications of this decision for insurers and provide a comparative table of previous authorities as a comprehensive guide […]

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By : Jul 12, 2021 Comments Off on NSW Court of Appeal offers further guidance on when notified facts give rise to a claim
Articles, Case Alerts

OPC gets tough on mandatory privacy breach notification in New Zealand

Just over six months after requirements for mandatory notification of serious privacy breaches were introduced with the Privacy Act 2020, the Office of the Privacy Commissioner (OPC) has released further guidance in a blog post. The update makes it clear the OPC has ended the grace period for agencies to adapt to the new rules. […]

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By : Jul 7, 2021 Comments Off on OPC gets tough on mandatory privacy breach notification in New Zealand
Articles

PFAS – A chemical of concern

The rapidly developing regulatory landscape regarding PFAS, the growing number of lawsuits and the big settlements being reached are creating significant concern within the insurance industry. In this update, W+K’s Charu Stevenson, Raisa Conchin, Ronald Mok and Sarah Mellowes provide some background on the PFAS issue and look at the issues it raises for the […]

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By : Jun 21, 2021 Comments Off on PFAS – A chemical of concern

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