Federal Court orders defendant to pay indemnity costs for misconduct

BAM Property Group Pty Ltd as trustee for BAM Property Trust v Imoda Group Holdings Pty Ltd (No.2) [2019] FCA 2072 On 9 December 2019, the Federal Court ordered the unsuccessful defendants in a shareholder oppression action to pay the plaintiffs’ costs of the entire proceedings on an indemnity basis. In this update, Andrew Moore […]

NSW Court of Appeal grants permanent stay for institutional defendant

On 9 December 2019, the NSW Court of Appeal granted a permanent stay of proceedings, as sought by an institutional defendant in a matter involving historic child sexual abuse claims. This decision confirms there is scope to obtain a permanent stay where the lack of evidence would unfairly prejudice the defendant. In this article, Meisha […]

NSW outlaws insurance for WHS penalties

The NSW Government will be the first state government to outlaw insurance for WHS penalties when the Work Health and Safety Amendment (Review) Bill 2019, which is currently before the NSW Parliament, becomes operative. The legislation is expected to come into effect early next year. The proposed Bill sets out three new offences regarding insurance for […]

The Current State Of Personal Injury Litigation – Western Australia

Wotton + Kearney is pleased to release the first of our series of guides aimed at helping insurers, brokers and their respective clients to understand the varying regimes and trends in personal injury litigation across Australia – starting with Western Australia. The Current State of Personal Injury Litigation in WA is set against the backdrop of the […]

Wotton + Kearney named a 2019 Employer of Choice

Wotton + Kearney is pleased to have been named a 2019 Employer of Choice in Australasian Lawyer’s inaugural Employer of Choice rankings announced this week. Firms were assessed on the qualitative and quantitative information they provided in areas including remuneration, diversity and inclusion, training and professional development, health and wellbeing. According to the award organisers, […]

Extended powers for the REA Disciplinary Tribunal in NZ are now in force

On 29 October 2019, the Real Estate Agents Disciplinary Tribunal in New Zealand gained the jurisdiction to order a licensee to pay compensation of up to $100,000 where they are found guilty of unsatisfactory conduct. The threshold for unsatisfactory conduct is lower than the previous threshold of misconduct. On the same date the Disputes Tribunal […]

Revisiting historical sexual abuse settlements in NSW

A recent decision of the Supreme Court of New South Wales in Magann v Trustees of the Roman Catholic Church of the Diocese of Paramatta [2019] NSWSC 1453 affirmed the “once and for all” effect of a 2007 deed of release between the applicant plaintiff (Magann) and respondent defendant (Diocese). This matter involved Mr Magann […]

More rights against those whose wrongs are not intentional

On 25 October 2019, The Victorian Court of Appeal found a claimant does not need to establish they have a “significant injury” to claim general damages if they allege they are the victim of an “intentional act that was done with intent to cause death or injury or that is sexual assault or other sexual […]

An honest day’s work for an honest day’s pay?

In this case, the High Court of Australia ruled a builder was not owed for variations for “work and labour done” after a building contract was terminated in Mann v Paterson Constructions Pty Ltd [2019] HCA 32. This decision shows that builders who fail to follow the formal variation process under the Act are at risk, as […]