Wotton + Kearney attracts highly regarded property, construction and energy team from Sparke Helmore

A team of highly regarded insurance lawyers is set to join Wotton + Kearney’s pre-eminent Property, Construction and Energy team from Sparke Helmore. The team includes partner Wes Rose, special counsel Anthony Mangafas, senior associates Marnie Hasler and James Sutherland, and associates Dena Patterson, Ryan Owens and Tshering Lama. “Our Property, Construction and Energy team […]

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 […]

COVID-19: Implications for insurers – A Legalign Global Report

The significant impact of the coronavirus pandemic is being felt worldwide. For the insurance sector, the exposures created by the coronavirus are significant as an international event of this size and complexity carries a range of insurance risks, including first party and supply chain business interruption, event cancellation, travel and liability claims. Legalign Global’s alliance […]

Informed Insurance: 2020 Predictions Report

We are pleased to share our latest Legalign Global thought leadership publication, Informed Insurance: 2020 Predictions, which has been launched in our region today. Aimed at supporting the global insurance market in preparing for the opportunities and challenges ahead, the report includes over 80 predictions by senior lawyers at the Legalign Global alliance firms, including Wotton […]

Appeal decision clarifies when insolvency exclusion applies

The Full Federal Court recently upheld a primary judgment rejecting the application of an insolvency exclusion in a claim brought against directors of a company in voluntary administration. The judgment in AIG Australia Limited v Kaboko Mining Limited [2019] FCAFC 96 provides useful guidance on the scope of the application of insolvency exclusions. Wotton + […]

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 […]

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 […]

Employee Class Actions: New claims in the flexible employment economy

The gig economy is reshaping employee class actions, with recent decisions classifying independent contractors and casual workers as employees. Historically, employee class actions were the monopoly of the union movement. But with the waning of union membership and influence, and the rise of the gig economy and large numbers of casual workers, litigation funders are […]

When will an insolvency exclusion apply?

Kaboko Mining Limited v Van Heerden (No 3) [2018] FCA 2055 When an insurance policy includes a clause stating that cover will not extend to any loss based on the insolvency of a company, you need to be careful about identifying what actually caused the loss. In a recent case, the Federal Court rejected the […]

Insurance for WHS fines – will they soon be prohibited?

Are fines appropriate penalties to deter companies and directors from breaching WHS laws when they can be indemnified by their insurers? Should insurance policies that cover these monetary penalties be made illegal and void? At the moment, companies and directors are able to insure against the risk of fines for breaches of WHS laws, however […]