The value of statutory liability cover in an increasingly regulated world

In the post Royal Commission world, regulator activity in Australia has reached new levels. Increased public scrutiny and greater government funding has meant that regulators are encouraged to take significant amounts of investigation and enforcement action against offending businesses. While there has been a brief hiatus due to the impact of COVID-19, various regulators have […]

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 […]

NZ Privacy Act 2020: Update 1 – What the new law means for insurers and their insureds

On 30 June 2020, New Zealand’s privacy regime was reformed with the royal assent of the Privacy Act 2020. The new legislation will come into effect on 1 December 2020. The new legislation introduces a range of reforms that bring New Zealand into line with international best practice for privacy and data protection. These include mandatory […]

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 […]

NSW Supreme Court refuses leave to sue court-appointed liquidators

Wotton + Kearney acted for the court-appointed liquidators in response to an application for leave to commence proceedings against them for alleged negligence and misleading or deceptive conduct. The NSW Supreme Court dismissed the leave application and the proceedings with costs. In this case alert, Cain Jackson, Patrick Boardman and Stephen Morrissey explain why this […]

JobKeeper legislation – new risks for EPL insurers

The new JobKeeper legislation, which was passed by the Federal Government on 8 April 2020, confers an extraordinary amount of flexibility on employers to restructure their workforce during the coronavirus crisis.  However, with these new opportunities for employers come a range of new risks. In this article, W+K EPL specalist Chris Mossman explains the issues […]

EPL trends, developments & risks – seminar recording

As workplaces continually evolve, so too do new risks and potential claims. Unfair dismissal, bullying and sexual harassment claims, statutory liability obligations of directors and managers, new whistleblower laws, and the potential impacts of the National Inquiry into Sexual Harassment are just some of the emerging employment risks impacting insurers, brokers, underwriters and insureds in […]

Fair Work Commission releases first substantive COVID-19 decision

On 6 April, the Fair Work Commission handed down its first substantive decision regarding the COVID-19 crisis in Australian Municipal, Administrative, Clerical & Services Union v Auscript Australia Pty Ltd. Its finding that Auscript had breached its consultation obligations is not good news for employers seeking to implement rapid changes to their workforce. In this article, W+K […]

Operational and consequential impacts of COVID-19 on the construction industry

Between government-imposed social distancing measures and global supply chain disruptions, the construction industry is suffering. The sector is experiencing significant direct operational impacts, ranging from WHS issues and contractual exposures to the erosion of asset values. Professionals working in the industry are also struggling with the flow-on effects, including the challenge of discharging their obligations […]

Lockdown – what the Wage Subsidy Scheme means for NZ employers

The NZ economy has been severely hit by the impacts of the coronavirus, with many businesses now in lockdown. The Government has responded with a COVID-19 Wage Subsidy Scheme to help businesses and affected workers in the short-term, as they adjust to the initial impact of COVID-19. For employers, the COVID-19 Wage Subsidy Scheme comes […]