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 […]

Court of Appeal confirms Polglase decision and the critical question of breach

On 23 October 2020, the Court of Appeal handed down its judgment in Coffs Harbour City Council v Polglase [2020] NSWCA 265. Wotton + Kearney acted for the State of NSW in its successful defence of the appeal proceedings. The case confirms, for the purpose of a duty of care on a statutory authority, what […]

Ipswich City Councillors’ claim for reinstatement dismissed with costs

In an otherwise no costs jurisdiction, the Queensland Industrial Relations Commission recently ordered costs against former Ipswich City Councillors who were seeking reinstatement and remuneration. Wotton + Kearney acted for the Ipswich City Council in successfully defending the proceedings and obtaining the costs orders. In this article, Raisa Conchin and Manja Lalovic explain why this […]

Recent abuse cases offer further guidance

There have been three recent cases involving abuse matters that provide further guidance on how the courts are addressing some key liability, damages and limitation issues. These issues include: the need for specific evidence about the level of impact of limitation periods in considering applications to set aside settlements in institutional abuse matters the importance […]

Enough rope? The limits of disclosure under PIPA

The Supreme Court of Queensland has dismissed an application for disclosure of information about prior incidents. The Court found that claimants have a broad entitlement to request information from respondents about the reasons for an ‘incident’, however, that entitlement is limited to the actual incident, not related incidents. In this article, Paul Spezza and Emma […]

NZ Court of Appeal upholds insurers’ right to cancel the policies of fraudulent claimants

Taylor v Asteron Life Limited [2020] NZCA 354: On 19 August 2020, the Court of Appeal upheld insurers’ rights to cancel policies and seek damages when there are fraudulent claims. This decision was also significant as it was the first time the Court of Appeal has applied the common law fraudulent claims rule. In this […]

When recreation means more – NSW Court of Appeal reinforces broad recreational activity definition

Carter v Hastings River Greyhound Racing Club [2020] NSWCA 185: On 21 August 2020, the NSW Court of Appeal again confirmed ‘recreational activities’ do not need to be ‘recreational’ in the ordinary meaning of the term with its decision in Carter. The Court’s decision also reinforced the position that being a volunteer does not affect […]

New RAB Act gives regulator real power to tackle construction defects

The NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the construction industry. In part three of our series examining the reform package, we look at the Building Commissioner’s significant new powers designed to prevent developers from constructing defective buildings under The Residential Apartment Buildings (Compliance and Enforcement Powers) […]

NSW Court of Appeal addresses obvious risks in horse racing

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 […]