In a judgment delivered on 23 July 2020, the NSW Court of Appeal has addressed the nature of obvious risks involved in horse racing using a broad interpretation of s. 5L of the Civil Liability Act. In this article, Charles Simon and Patrick Thompson explain how this decision helps clarify key definitional questions and provides […]
With the Design and Building Practitioners Bill 2020, the NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the construction industry. In this second article in our series examining the reform package, we look at the new compliance declaration regime that will require building practitioners with reporting obligations to […]
I’m pleased to be able to share a feature about Wotton + Kearney’s pro bono work, which was published in the latest edition of Lawyers Weekly. W+K’s Community Footprint program has long focused on providing pro bono and community support in the areas of senior’s rights, domestic violence, homelessness and refugees and people seeking asylum […]
On 30 June 2020, New Zealand’s privacy regime was reformed with the royal assent of the Privacy Act 2020. The new legislation will come into effect on 1 December 2020. The new legislation introduces a range of reforms that bring New Zealand into line with international best practice for privacy and data protection. These include mandatory […]
Triangular employment relationships have always been legal in New Zealand but have been criticised for being easily abused and for leaving workers without legal remedies. Addressing these concerns, The Employment Relations (Triangular) Amendment Act 2019 comes into effect on 27 June 2020. It updates the Employment Relations Act 2000 to provide more robust protections for […]
With the Design and Building Practitioners Bill 2020, the NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the construction industry. In this update, W+K’s Andrew Moore, Robert Finnigan and Chris Knight look at the key issues for insurers created by the introduction of mandatory compliance declarations by construction […]
Throughout its long life the Feltex representative action proceeding has created a number of significant decisions. With the latest New Zealand High Court decision in Houghton v Saunders, the matter is now on the brink of being struck out. In this update, W+K’s Antony Holden and Michael Cavanaugh look at how the latest Feltex judgment is […]
There have been two recent decisions that will affect EPL insurers – Tran v. Macquarie University and Workpac v Rossato. The significant damages award of $614,000 in Tran highlights the significant risk associated with taking an adverse action against an employee who has made complaints. The Workpac decision is a landmark judgment that will have […]
In this recent decision, the Victorian Supreme Court held that it should consider the type, amount and potency of the asbestos used in the relevant products when apportioning liability between two manufacturers. The decision also highlights that, in making an assessment of comparative responsibility, the Court will not adopt an “overly mathematical” approach to apportionment. […]
Wotton + Kearney is committed to keeping our clients informed of the insurance and broader business implications of the coronavirus outbreak. With senior insurance law experts across major policy types and market sectors, we are well placed to provide advice and tailored support in product lines and claims areas we specialise in. On this page […]
