Class Actions: Ones to Watch – 2023 wrap

By: Amanda Beattie, Dylan O’Keefe and Gavin Davies 2023 Class Actions wrap It feels like we say it every year (and we probably do), but it was another eventful year for class actions in 2023. From the filing of novel claims, such as data breach claims, to the lowest rate yet for a group cost […]

High Court appeal marks increase in Fair Trading Act penalties

By: Misha Henaghan, Joseph Lill and Elliot Copeland At a glance At the end of 2023, a High Court appeal by the Commerce Commission resulted in a Fair Trading Act 1986 (FTA) fine for supplying unsafe goods more than doubling from $87,750 to $195,000. The financial strength of NZME Advisory Limited (NZME) was given weight […]

New recovery opportunities under consumer protection legislation

By: Misha Henaghan, Anna McElhinney and Phoebe Nikolaou At a glance The possible pool of targets for recovery has increased with the New Zealand Court of Appeal recently holding that New Zealand’s Consumer Guarantees Act 1993 (CGA) applies to overseas manufacturers of goods supplied to consumers in New Zealand and the Fair Trading Act (FTA)1 […]

Keep a close ion them: national warning notice is latest reminder of risks from Lithium-ion batteries

By: Jonathan Maher and Aisha Lala At a glance The federal government has just issued a national safety warning notice about the risk of fire from certain LG home energy storage system batteries, which are large Lithium-ion cells. The latest warning notice adds to the 23 recalls between 1 January 2017 and 31 December 2022 […]

Issue 6, December 2023 – Cyber, Tech and Data Risk Report

By: Kieran Doyle, Nicole Gabryk and Nick Martin     We’re delighted to publish Issue 6 of our Cyber, Tech and Data Risk Report – our wrap-up of news for the second half of 2023 for insurers, brokers and their customers doing business in Australia and New Zealand in the cyber, tech and data fields. In our […]

Unpicking the Whakaari trial decisions

By: Joseph Lill and Matthew Hutcheson At a glance At the end of the Whakaari trial, five of the six defendants had their charges dismissed. The single remaining defendant, Whakaari Management Limited (WML), was convicted in respect of just one of the two charges it faced. In short, of the seven charges that were heard […]

Australia leads the world in banning engineered stone

By: Cassandra Wills On 13 December 2023, Australia became the first country to nationally ban engineered stone, following a unanimous decision by Commonwealth, state and territory workplace ministers. The ban aims to protect the lives and safety of Australians working with the product, and is a critical development given the high numbers of stone benchtop […]

Class Actions: Ones to Watch – The multiplicity “plague” – when there are too many players at the table

By: Amanda Beattie, Dylan O’Keefe and Tess Jenks Introduction The class action regime in Australia has changed dramatically in the last couple of years. Our “ones to watch” series tackles a series of topics to explain the regime’s current state, highlight recent developments and flag issues that should be on the radar for the Australian and […]

Scope of Duty: Valuer v Solicitor

By: James Dymock At a glance In Charles B Lawrence & Associates v Intercommercial Bank Ltd [2021] UKPC 30, the Privy Council considered the loss that was recoverable by a lender from a valuer (and solicitor). The matter involved a valuer who had completed a negligent valuation of a property, which was used as security […]

Australian Government releases six shields cyber strategy – shield six

By: Kieran Doyle, Nicole Gabryk and Nick Martin The Australian Government released the 2023-2030 Australian Cyber Security Strategy (the Strategy) on 22 November 2023. According to the Department of Home Affairs: “The Strategy is the roadmap that will help realise the Australian Government’s vision of becoming a world leader in cyber security by 2030. To achieve this […]