GL Update – key trends and emerging risks in general liability insurance

Welcome to Wotton + Kearney’s GL Update – a snapshot of the key trends and emerging risks in general liability insurance in Australia. In this edition we look at the impact of recent significant matters, including the Lacrosse cladding fire litigation conducted by our Melbourne team, the ongoing risk of concussion claims and prison authority […]

Lacrosse fire litigation: builder and consultants found liable for combustible cladding

On 28 February 2019, Australia’s first decision regarding the roles and responsibilities of builders and other building consultants regarding the use of combustible cladding was handed down. The Victorian Civil and Administrative Tribunal upheld the Owners Corporation and lot owners’ claims against the builder following a fire in November 2014 that involved combustible ACP cladding […]

NSW Court of Appeal resolves uncertainty about date of accrual of cause of action against a first party property insurer for limitation purposes

Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27 Wotton + Kearney acted for Allianz in a NSW Court of Appeal proceeding where judgment was issued yesterday clarifying – albeit by a 3-2 split decision – the issue of when a cause of action accrues against a first party insurer for limitation purposes. The […]

Bushfire class action summarily dismissed by Victorian Court

The Victorian Supreme Court recently summarily dismissed the lead Plaintiffs’ claims in Block v Powercor, a bushfire class action issued against a Victorian electricity distributor. The decision is noteworthy as summary dismissals are rare, particularly in class actions and representative proceedings. While the decision largely turned on its facts, it reinforces the principle explained by the High […]

Marsupial Miscalculation – obvious risk and the allocation of resources under the Civil Liability Act

Kempsey Shire Council v Five Star Medical Centre Pty Ltd [2018] NSWCA 308 In February 2014, a landing aircraft collided with a kangaroo at Kempsey Aerodrome and was damaged. The owners of the aircraft Five Star Medical Centre Pty Ltd sued the owner of the airport Kempsey Shire Council in the District Court of NSW. The […]