NZ Privacy Act 2020 update #3 – The serious ‘serious harm’ decision

Today New Zealand’s new privacy regime comes into effect. Arguably the most important change created by the Act is that it is now mandatory for businesses to report privacy breaches in situations likely to cause serious harm. Assessing whether a business has a reasonable belief that a breach has caused serious harm can be a […]

Supreme Court confirms opt-out representative class actions are available with Southern Response decision

On 17 November 2020, the Supreme Court handed down its decision in Southern Response Earthquake Services Limited v Ross [2020] NZSC 126. The decision confirms opt-out orders should be made available in representative actions where appropriate. Southern Response highlights that a plaintiff’s proposal should be adopted, including whether to make it opt-out or opt-in, unless […]

NSW Court of Appeal requires actual subjective intent to cause injury to exclude operation of the CLA

On 18 November 2020, the Court of Appeal handed down its decision in Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc [2020] NSWCA 294. Wotton + Kearney acted for the Northern Lakes Rugby League Sport & Recreation Club Inc and Brendan Fletcher in their successful defence of the appeal proceedings. The decision […]

New rating system for NSW building practitioners and buildings coming next year

The NSW Government is implementing a building reform agenda with the aim of changing the culture and capability of the NSW building industry. The new rating system and digital initiatives are designed to boost both compliance and long-term confidence in the industry. W+K’s construction specialists Charu Stevenson and Robert Finnigan feature in the October issue […]

Resource hub: Legislative reform of the building and construction industry in NSW

The NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the building and construction industry. The new legislation, in particular the Design and Building Practitioners Act 2020, will have a significant effect on establishing the liability of design and building practitioners within the construction industry and how they are […]

Ipswich City Councillors’ claim for reinstatement dismissed with costs

In an otherwise no costs jurisdiction, the Queensland Industrial Relations Commission recently ordered costs against former Ipswich City Councillors who were seeking reinstatement and remuneration. Wotton + Kearney acted for the Ipswich City Council in successfully defending the proceedings and obtaining the costs orders. In this article, Raisa Conchin and Manja Lalovic explain why this […]

Changes to professional indemnity requirements for solicitors in New Zealand

The New Zealand Law Society is amending the minimum standards regarding professional indemnity insurance for lawyers in New Zealand. The changes, which will come into effect from 4 April 2021, are material and relate to coverage levels and disclosure requirements. Wotton + Kearney’s Alison Cupples and Mathew Francis look at these obligations and the associated […]

Government’s spotlight on cyber

The growing dependence on technology and our hurried transition to remote working as a result of the pandemic has increased opportunities for malicious cyber-actors to target vulnerable organisations. Wotton + Kearney’s Australian Cyber Team Kieran Doyle talks to Insurance NEWS on the impact on the insurance industry of the government’s efforts to improve Australia’s cyber-resilience […]

Addressing the asbestos legacy – managing risks with EIL insurance

Governments around the country are focused on addressing Australia’s asbestos legacy through regulation and remediation. As dealing with asbestos is both expensive and highly regulated, many unscrupulous parties continue to be involved in illegal activities, such as dumping and fake certification – often at a high cost to others. In this article, Charu Stevenson and […]