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 […]

A new duty of care changes the liability landscape – the impact of the Design and Building Practitioners Bill 2020

With the Design and Building Practitioners Bill 2020, the NSW Government has introduced sweeping legislative changes that are intended to regain public confidence in the construction industry. In this update, W+K’s Andrew Moore, Robert Finnigan and Chris Knight look at the key issues for insurers created by the introduction of mandatory compliance declarations by construction […]

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 Court of Appeal provides guidance on limitation periods for actions against valuers

Wotton + Kearney acted for a valuation firm in proceedings commenced in the Supreme Court of NSW regarding its valuation of a property at Wallalong, NSW. The valuers successfully applied to have a limitation defence determined as a separate question, and the matter was removed to the NSW Court of Appeal. The NSW Court of […]

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 […]

Ducking for cover – will ISR extensions offer protection from the new coronavirus?

The 2019 Novel Coronavirus has now been declared a Public Health Emergency of International Concern by the World Health Organisation (WHO) – only the sixth time the WHO has made such a declaration. An international event of this size and complexity carries a range of insurance risks. While impacts on some lines of insurance remain […]

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 […]

Decision confirms need to address clear criteria in pursuing direct recoveries against insurers

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 […]

Federal Court orders defendant to pay indemnity costs for misconduct

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 […]

NSW Court of Appeal provides guidance on applications for the determination of separate questions

On 21 November 2019, the NSW Court of Appeal re-exercised the Court’s discretion to determine the limitation defence as a separate question in a dispute between a lender and a valuation firm. The decision, in which Wotton + Kearney successfully acted for the valuation firm, provides guidance on when a separate question determination is appropriate. […]