Industrial + Commercial Property - Page 3 of 4

Case Alerts

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. […]

By : Sina Sangsari Nov 25, 2019 Comments Off

Articles

Extended powers for the REA Disciplinary Tribunal in NZ are now in force

On 29 October 2019, the Real Estate Agents Disciplinary Tribunal in New Zealand gained the jurisdiction to order a licensee to pay compensation of up to $100,000 where they are found guilty of unsatisfactory conduct. The threshold for unsatisfactory conduct is lower than the previous threshold of misconduct. On the same date the Disputes Tribunal […]

By : Sina Sangsari Nov 19, 2019 Comments Off

Articles

Parametrics: the next big thing?

Parametric insurance is becoming increasingly common as it give insurers a way to resolve risk-transfer concerns. The success of these products depends on the accuracy and objective nature of the parameters set and a deep understanding of the potential exposures. Nick Lux, Aisha Lala and Ben Hine consider the rising popularity of this product in […]

By : Sina Sangsari Jun 7, 2019 Comments Off

Articles, Case Alerts

Emerging General Liability Trends Update

Welcome to Wotton + Kearney’s 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 liability claims. We also […]

By : Sina Sangsari Apr 18, 2019 Comments Off

Case Alerts

Lacrosse fire litigation: builder and consultants found liable for combustible cladding

On 28 February 2019, Australia’s first decision regarding the roles and responsibilities of builders and other building consultants regarding the use of combustible cladding was handed down. The Victorian Civil and Administrative Tribunal upheld the Owners Corporation and lot owners’ claims against the builder following a fire in November 2014 that involved combustible ACP cladding […]

By : Sina Sangsari Mar 1, 2019 Comments Off

Case Alerts

NSW Court of Appeal resolves uncertainty about date of accrual of cause of action against a first party property insurer for limitation purposes

Globe Church Incorporated v Allianz Australia Insurance Ltd [2019] NSWCA 27 Wotton + Kearney acted for Allianz in a NSW Court of Appeal proceeding where judgment was issued yesterday clarifying – albeit by a 3-2 split decision – the issue of when a cause of action accrues against a first party insurer for limitation purposes. The […]

By : Sina Sangsari Feb 27, 2019 Comments Off

Case Alerts

NZ High Court decision could test dishonesty exclusions

Mainzeal Property v. Yan & Ors This week, the New Zealand High Court awarded $36m in damages against directors of Mainzeal, once one of New Zealand’s leading property and construction companies, including former Prime Minister Dame Jenny Shipley. The damages are the highest awarded for reckless trading in New Zealand’s history. The case raises a […]

By : Sina Sangsari Feb 27, 2019 Comments Off

Articles

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 […]

By : Sina Sangsari Jan 10, 2019 Comments Off

Articles

Insurance Remodelled – 2018/19 Market Conditions & Trends Report

I am delighted to welcome you to the launch of our annual Legalign Global insurance report, Insurance Remodelled, 2018/19 Market Conditions & Trends. The report has been produced by our Legalign Global partner DAC Beachcroft for a number of years to assist the insurance industry in the UK and has now been expanded to include […]

By : Jala Design Sep 13, 2018 Comments Off

Case Alerts

Is an Occupier’s Liability for a Raised Platform Glaringly Obvious?

Ratewave Pty Limited v BJ Illingby [2017] NSWCA 103 Impact The New South Wales Court of Appeal had to consider whether the occupier of the Manly Pacific Hotel (Hotel) had been negligent in failing to safeguard their premises to avoid the risk of injury involving aesthetic or structural components. Even with Justice Fagan’s minority finding […]

By : Jala Design May 24, 2017 Comments Off

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