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 […]
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 […]
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, […]
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 […]
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 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 […]
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 […]
Polglase v Coffs Harbour City Council (No 2) [2019] NSWSC 1848 On 19 December 2019, the NSW Supreme Court gave judgment in a complex case involving multiple defendants, which followed a tragic accident involving a young child who fell from a jetty. Wotton + Kearney acted for the State of NSW in its successful defence […]
The recent Full Federal Court of Australia decision, Australian Red Cross Society v Queensland Nursing Union of Employees [2019] FCAFC215, serves as a timely reminder of the importance of “decision maker” evidence in adverse actions claims. In this update, Wotton + Kearney’s Chris Mossman and Lisa Schumacher look at employers’ exposures around decision makers and ways […]
BAM Property Group Pty Ltd as trustee for BAM Property Trust v Imoda Group Holdings Pty Ltd (No.2) [2019] FCA 2072 On 9 December 2019, the Federal Court ordered the unsuccessful defendants in a shareholder oppression action to pay the plaintiffs’ costs of the entire proceedings on an indemnity basis. In this update, Andrew Moore […]
