COVID-19 Resource Centre

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 […]

Preying on the vulnerable – cyber claims predicted to rise due to COVID-19

Insurers are likely to receive an increase in cyber claims due to the impact of the coronavirus. Most businesses have had to accommodate remote working rapidly, leaving many with a range of cyber security exposures. There are already phishing scams using COVID-19 related messages to lure anxious individuals and the number of these is expected […]

A practical guide on managing EPL exposures caused by COVID-19 for insurers, insureds and brokers

The coronavirus (COVID-19) is having a significant and immediate impact on the entire workforce. Unfortunately, there are daily stories of mass redundancies, closures of businesses and stand down of workers. This guide provides practical advice for EPL insurers, insureds and brokers on how they can meet the insurance challenges created by the virus. W+K EPL […]

COVID-19 and D&O Liability

The Coronavirus Economic Response Package Omnibus Bill 2020 (CERPO Bill) and recent ASIC statements have put focus on management liability issues arising from the COVID-19 crisis. The CERPO Bill provides some temporary relief for directors as they navigate the uncharted territory caused by COVID-19, particularly in addressing insolvency risk. In this update, Cain Jackson and […]

Supreme Court of Victoria’s historical child sexual abuse decision confirms damages in one case are not binding on another

The Supreme Court of Victoria has handed down its judgment in the matter of Waks v Cyprys & Ors [2020] VSC 44, which involved an assessment of common law damages regarding a claim for historical child sexual abuse. The Waks decision highlights that awards for general damages in Victorian matters continue to turn on their […]

NSW Court of Appeal declines to stay historic abuse matter

On 19 February 2020, the NSW Court of Appeal further clarified its position on granting a permanent stay of proceedings that involve allegations of historical child abuse in Gorman v McKnight [2020] NSWCA 20. Following the Court’s recent decisions regarding this issue in Moubarak bht v Holt and Council of Trinity Grammar School v Anderson, […]

Side-stepping Brookfield strategy fails in NSW Supreme Court

The NSW Supreme Court’s recent decision in Mistrina Pty Ltd v Australian Consulting Engineers Pty Ltd [2020] NSWSC 130 involved a novel indirect causation and loss of opportunity claim brought in the context of a defective building dispute. While the case turned on evidential issues, it highlights the challenges faced when bringing claims for defective […]

To opt-in or out – that is the question before the Supreme Court when Ross returns in March

New Zealand has no statutory or regulatory framework that specifically deals with class or representative actions, which is why NZ claimants have relied on High Court rules as the mechanism to bring a representative action. The Courts considered, before Ross v Southern Response Earthquake Services Limited, the rule permitted only an opt-in action for the group. […]

The combustible cladding crisis continues with Biowood

The New South Wales Civil and Administrative Tribunal (NCAT) decision in Taylor Construction  has put the spotlight on another form of combustible cladding – Biowood. With NCAT accepting that Biowood is a combustible building material that poses an undue fire risk, the Taylor Construction decision has had widespread coverage within the residential strata property industry so owners’ corporations […]

Decision confirms need to address clear criteria in pursuing direct recoveries against insurers

Sergienko v AXL Financial Pty Ltd [2019] NSWSC 1610 On 21 November 2019, the Supreme Court of NSW dismissed an application brought by the fourth and fifth defendant seeking leave for joinder of an insurer in place of a deregistered legal practice under Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW). This decision confirms […]