NSW Court of Appeal stays proceedings in historic child sexual abuse claim

The NSW Court of Appeal has ruled that there is scope for defendants, in the context of historic child sexual abuse claims, to apply to permanently stay proceedings on the basis of inability to obtain a fair trial, even though such claims are no longer statute barred under the Limitation Act 1969 (NSW). The circumstances […]

NDIS: the most significant social reform since Medicare

As the rollout of the NDIS nears completion, insurers and defendants need to understand their obligations regarding Preliminary Notices and Recovery Notices as non-compliance is a criminal offence. Wotton + Kearney’s Hope Saloustros and Laura Jean consider these implications of the NDIS for insurers – as well as the reporting obligations and the NDIA’s broad […]

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 […]

Specialist healthcare and medico-legal team joins Wotton + Kearney in New Zealand

Wotton + Kearney is delighted to announce that a substantial new healthcare and medico-legal team, including three partners, joined its Australasian healthcare practice on 1 January 2019 based in Auckland and Wellington. Partners Sean O’Sullivan, Aimee Credin and Adam Holloway, Senior Associates Murray Grant and Victoria Waalkens, and Solicitor Rebecca Daley have joined Wotton + […]

Failed sterilisations: a “resurgence of common law claims” for loss of income?

J v Accident Compensation Corporation [2017] NZCA 441 What Happened New Zealand’s Court of Appeal has recently handed down a decision that may signal a partial retreat of the statutory bar to proceedings arising from medical misadventure. In a case involving a failed sterilisation, remarks made by the Court appear to leave open the possibility […]

Big Names, Big Data and Stroke

In the final installment of our exclusive series with ANZIIF: ‘How Advances in Medical Technology Are Impacting Insurance’, Karen Jones (Partner) and Dominic Flannery (Special Counsel) predict the likely benefit of the historical data from stroke victims on patients and insurers. You’d be hard pressed to find a reality where Sharon Stone, Richard Nixon, Joseph […]

On the Nose – Detecting Brain Injury

Imagine if brain trauma such as concussion could be detected instantly in an athlete through the sense of smell? In Part Five of our exclusive series with ANZIIF: ‘How Advances in Medical Technology Are Impacting Insurance’, Karen Jones (Partner) and Dominic Flannery (Special Counsel) comment on this developing technological advancement and its significance on insurers, […]

The “Angelina Effect” – Genetic Testing Becomes a Global Phenomenon

Angelina Jolie’s actions to undergo a double mastectomy after genetic testing revealed her predisposition to cancer has created an “Angelina Effect” – a growing demand for attaining personal genetic data. In Part Four of our exclusive series with ANZIIF: ‘How Advances in Medical Technology Are Impacting Insurance’, Karen Jones (Partner) and Dominic Flannery (Special Counsel) […]

Nanotechnology – is it insurable?

Have you heard of the term nanoparticle? In Part Two of our exclusive series with ANZIIF: ‘How Advances in Medical Technology Are Impacting Insurance’, we tackle the unknown and unpredictable outcomes associated with the use of nanotechnology; especially given new possibilities for its use in food additives and the medical arena. It may sound like […]

The Future is Now: The Case For Wearable Robotics

For paraplegics with a spinal cord injury the opportunity to stand on their own feet and look another person eye to eye has previously been little more than a dream. However, wearable robotics is making this dream a reality for some, and in the process, changing the traditional rehabilitation landscape of the insurance industry. Wearable […]