Case Alerts

What happens when 73% of owners vote for a change, but the law says that may not be enough?

By: Andrew Brennan, James Read and Allana McGrath Background Recent amendments to the Subdivision Act 1988 (Vic) (SA) and the Owners Corporations Act 2006 (Vic) (OC Act) have addressed two legislative provisions that had become increasingly difficult to reconcile with the practical realities of Owners Corporation governance. The reforms follow a number of significant decisions, […]

Continue Reading
By : Sep 17, 2026 Comments Off on What happens when 73% of owners vote for a change, but the law says that may not be enough?
Case Alerts

New Zealand Court of Appeal clarifies trustee discretion and duty of care

By: Mathew Francis, Rebecca Scott, James Dymock and Alison Cupples Perpetual Trust Ltd v Cooke [2026] NZCA 349 Background Mrs Cooke died in March 2017. Her two adult children (Mr Cooke and Mrs Panhuis) were the original executors of the estate and trustees of the testamentary trusts established by her will. The estate’s main assets […]

Continue Reading
By : Aug 13, 2026 Comments Off on New Zealand Court of Appeal clarifies trustee discretion and duty of care
WK News

Successful Defence of Multi-Million Dollar ISR Insurance Claim in the Supreme Court of Victoria

Wotton Kearney acted for the Defendants, Certain Underwriters at Lloyd’s, in a complex insurance coverage dispute in the Supreme Court of Victoria. Judgment was handed down last week by Matthews J dismissing the Plaintiffs’ claims in their entirety. We are delighted with the result which confirms Insurers’ position that no indemnity was payable under the […]

Continue Reading
By : Jun 5, 2026 Comments Off on Successful Defence of Multi-Million Dollar ISR Insurance Claim in the Supreme Court of Victoria
Case Alerts

The unobvious risk: NSW Court of Appeal finds an unmarked speed hump was not an “obvious risk”

By: Maryan Lee and Lara Yagmur The Owners – Strata Plan No 31337 v Balacco [2026] NSWCA 50 At a glance On 9 April 2026, the New South Wales Court of Appeal upheld the decision that an Owners Corporation was negligent in respect of an incident in which Ms Balacco suffered injury after tripping on […]

Continue Reading
By : May 26, 2026 Comments Off on The unobvious risk: NSW Court of Appeal finds an unmarked speed hump was not an “obvious risk”
Case Alerts

Court of Appeal finds trusts are criminally liable under HSWA: What are the implications for insurers?

By: Misha Heneghan, Richie Flinn, Neil Beadle, Matt Hutcheson and the WK Statutory Liability team. RH and JY Trust v WorkSafe New Zealand [2026] NZCA 12 The Court of Appeal has, by majority found that a trust, distinct from the individual trustees, can be prosecuted under the Health and Safety at Work Act 2015. The […]

Continue Reading
By : Feb 24, 2026 Comments Off on Court of Appeal finds trusts are criminally liable under HSWA: What are the implications for insurers?
Articles

Thailand floods 2025: Coverage lessons from the 2011 catastrophe

By: Ian Johnston, Sorawat Wongkaweepairot, Nuttida Doungwirote and Niti Wanichworranan At a glance Maximum rainfall during the 2025 floods has exceeded the 2011 catastrophe, with peak rainfall of 639mm (19-21 November 2025) surpassing 2011’s maximum of 428mm, marking the heaviest rainfall in Thailand in three decades. The 2011 floods caused over USD 15 billion in insured […]

Continue Reading
By : Dec 8, 2025 Comments Off on Thailand floods 2025: Coverage lessons from the 2011 catastrophe
Articles

Proposed changes to Victoria’s building regulatory system are likely to increase consumer protections – but what will it mean for builders, relevant building surveyors and design professionals?

By: Sarah Metcalfe, Andrew Brennan and Nick Lux At a glance The release of the Victorian Building Authority’s (VBA) independently commissioned report ‘Victorian Building Authority – The Case for Transformation’1 in October 2024 (VBA Report) provided the background to important reforms to the Victorian building regulatory regime recently announced by the Victorian Minister for Planning2 […]

Continue Reading
By : Dec 5, 2024 Comments Off on Proposed changes to Victoria’s building regulatory system are likely to increase consumer protections – but what will it mean for builders, relevant building surveyors and design professionals?
Articles, Case Alerts

One test or two? Supreme Court considers how a Medical Panel should disregard impairments from unrelated injuries or causes

By: Jonathan Maher and Ben Kelly At a glance The Claimant issued a judicial review application to challenge the Medical Panel’s decision that his knee impairment stemmed from pre-existing conditions, not a fall. The Victorian Supreme Court upheld the Panel’s decision, rejecting the Claimant’s argument that section 28LL(3) of the Wrongs Act 1958 (Vic) contains […]

Continue Reading
By : Nov 25, 2024 Comments Off on One test or two? Supreme Court considers how a Medical Panel should disregard impairments from unrelated injuries or causes
Case Alerts

Court of Appeal clarifies whether provision of an expert’s opinion is a misrepresentation

By: Richard Flinn and Isaac Black Ruth Renton Weine and Michael David Hofmann-Body as Trustees of the Ruth Weine Family Trust v Tadd Management Limited [2024] NZCA 323 At a glance The Court of Appeal has released a decision that provides helpful clarification for professionals as to the actionability of statements of opinion. Overturning the […]

Continue Reading
By : Jul 30, 2024 Comments Off on Court of Appeal clarifies whether provision of an expert’s opinion is a misrepresentation
Articles

Get to know Thomas Cavanagh, new partner and financial services specialist

What made you decide to become a lawyer? Other than the usual desire to argue a point with everyone and shows like Boston Legal (aged very poorly, I know), I like the fact that the law is not actually made up of rigid principles but rather can be moulded to suit particular circumstances, and that’s […]

Continue Reading
By : Nov 3, 2023 Comments Off on Get to know Thomas Cavanagh, new partner and financial services specialist

Search