Respect@Work: A positive duty to prevent sexual harassment

In early 2022, the Albanese government committed to implementing and legislating all 55 of the recommendations of the Australian Human Rights Commission’s Respect@Work Report. On 27 September 2022, the government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022, which seeks to implement seven of the 55 recommendations to strengthen laws […]

Changes affecting personal injury claims in Queensland from 31 October 2022

Today, the remaining provisions of the Personal Injuries Proceedings and Other Legislation Amendment Act 2022 (the Amendment Act) came into force. These amend the Personal Injuries Proceedings Act 2002, the Legal Profession Act 2007 and the Workers’ Compensation and Rehabilitation Act 2003. The amendments, together with the provisions that were already in force from the […]

Proposed new jurisdictional limits for NSW District Court

On 19 October, NSW Attorney General Mark Speakman introduced the District Court Amendment Bill 2022. The Bill proposes to change the Court’s: civil jurisdictional limit from $750,000 to $1,250,000 equity jurisdictional limit from $20,000 to $100,000, and jurisdictional limit applying to temporary injunctions from $20,000 to $100,000. As indicated in the Second Reading, the Bill […]

A knockout blow? The current state of CTE and concussion litigation in Australia and around the world

The discovery of CTE in American National Football League players in the early 2000s was a body blow to the professional and amateur sporting landscapes around the world. While little is still known about the causative effects of CTE, sporting organisations, schools, community groups and their insurers have proactively responded to the emerging risk. This […]

Informed Insurance 2022/2023 – Unlocking the potential of ESG: resilience, sustainability and collaboration

Without question, ESG has become a global priority. The risks affecting insureds’ environmental, social and governance (ESG) performance are well-documented and include greenwashing, climate change, war, supply chain issues and cyberattacks. This report by our Legalign Global alliance partners looks at how collaboration between insurers, businesses and regulators is the key to ensuring resilience in […]

Informed Insurance 2022/2023 – Collaboration: breaking the silos to mitigate risk

Collaborative action is essential to create a coherent ESG strategy and meet the ever-rising expectations of governments and society. This is especially the case as we see a transfer of responsibility from government to the private sector, driven by a mixture of legislation and case law, which is increasing vulnerabilities and potential liability. This report […]

Informed Insurance 2022/2023 – Resilience: new emerging threats challenge insureds and insurers

Many emerging threats are becoming critical operational issues, including greenwashing, supply chain issues, rising numbers of insolvencies, cyberattacks and ransomware. For insurers, these present important challenges to address for their clients and for society. This report by our Legalign Global alliance partners, which features commentary by Wotton + Kearney’s Kieran Doyle, looks at why these […]

Informed Insurance 2022/2023 – Sustainability through technology: managing the transition

As we transition into being a digital and more sustainable society, managing the move successfully will be a challenge in itself. Around the world, governments are already wrestling with changes to existing risk profiles and the new exposures and liabilities created by the move to more sustainable ways of working and living. This report by […]

A new frontier of risk – offshore oil and gas asset decommissioning in Australia

Earlier this year, a new ‘trailing liability’ regime was introduced with amendments to the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth). These changes ensure former titleholders carry a liability, even if their title has been disposed of, surrendered or terminated. With a predicted estimated liability of USD $40.5 billion for well plugging, abandonment […]

WA introduces class action scheme

On 1 September 2022, new class action laws were passed in Western Australia (WA). The Act will come into operation on a day to be fixed by proclamation. The Civil Procedure (Representative Proceedings) Bill 2021 (WA) introduces a legislative representative proceedings regime in the Supreme Court of Western Australia, which is substantially modelled on Part […]