Landmark decision clarifies who influences and controls workplaces

We’re excited to share an article about this important case that’s been written by our new partner Sian Gilbert, an Accredited Specialist in Employment and Industrial Relations. With the Assign Blue case, the concept of the capacity to “influence and control” a workplace has been explored for the first time under the work, health and […]

High Court finds general advice can get personal

On 3 February 2021, the High Court unanimously dismissed Westpac’s appeal in Westpac Securities Administration Ltd v ASIC [2021] HCA 3. It held that Westpac’s call centre operators, in making outbound calls to existing superannuation members, provided personal advice to retail clients in breach of AFSL conditions. This is the first High Court pronouncement on […]

Insurance position helps halt PIPA claim

In a recent application heard before the Supreme Court of Queensland, a personal injuries claimant failed in his attempt to join a respondent to his PIPA pre-court claim outside of the legislative timeframe. The prospective respondent’s insurance position was highly relevant to the court’s dismissal of the application. In this case alert, Scott Macoun and […]

The Hayne Royal Commission’s impact on insurers in 2021

A year after the Royal Commission report was submitted, claims handling has emerged in its wake as one of the biggest issues for the insurance industry. The Financial Sector Reform (Hayne Royal Commission Response) Act 2020 (the Act) was given assent on 17 December 2020. Schedule 4 of the Act which has the effect of […]

High Court finds police have an implied right to enter land to investigate the occupants

On 9 December 2020, the High Court handed down its decision in Roy v O’Neill [2020] HCA 45. The decision confirms police have an implied right to enter land to investigate the occupants by speaking with them, as long as the entrance onto the property is not for the sole purpose of subjecting the occupant […]

NSW building industry’s mandatory insurance requirements begin to take shape

On 17 November 2020, the NSW Government released the Draft Design and Building Practitioners Regulation 2020 (NSW) for public consultation, which is designed to support an effective legislative framework for industry reform. Insurers will need to know what mandatory insurance requirements will be put in place for design and construction practitioners. Whilst not in a […]

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 […]

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 […]