Product Liability Update – Issue 1, December 2022

Welcome to Wotton + Kearney’s Product Liability Update, a snapshot of the key trends, areas of regulatory focus, and emerging risks in product liability insurance in Australia and New Zealand. In this issue, we look at the ACCC’s focus on safety issues affecting young children, recent case highlights from Australia and New Zealand, and the […]

ACCC sets new product safety priorities

At the National Consumer Congress held in June 2022, the Chair of the ACCC, Gina Cass-Gottlieb, launched the ACCC’s Product Safety Priorities for 2022-23 under the theme “Protecting Tomorrow’s Consumers Today”. In this update, Scott Macoun and Trent O’Neill from W+K’s specialist Product Liability & Recall team look at the new product safety priorities, as […]

How far does product liability indemnity for economic loss extend?

At the heart of a typical product liability policy is the embedded concept that the policy responds to injury to tangible property and its consequences. However, recent UK claims have tested whether product liability indemnity extends to damages for loss of profit arising from the loss of contracts. In this update, W+K product liability specialist […]

Button battery safety standards to become mandatory soon

On 22 June 2022, Australia’s world-first mandatory button battery safety standards come into effect, ending the 18-month transition period. Product liability insurers need to ensure their customers will comply with the new regime as failure to do so may result in legal action, penalties and recalls. In this update, W+K Product Liability specialists Trent O’Neill […]

The rising risks of shipping electric vehicles for shipowners, carriers and cargo interests

The significant uptake of electric vehicles (EVs) is not without risk. This is particularly true during shipping because of the potential fire hazards posed by lithium-ion batteries and the fact that EVs are not classified as dangerous goods on roll-on/roll-off vessels. Given the high value of damages associated with shipping fires, and the complexities of […]

New partner for W+K’s Cyber, Privacy and Data Security team

W+K’s Cyber, Privacy and Data Security team has further bolstered its market-leading reputation with the promotion of Wellington-based Joseph Fitzgerald to partner. Joseph, who has worked in both New Zealand and the UK, advises large sporting, health, education and infrastructure bodies, as well as SME and non-profit entities on cyber and data security risks. He […]

General Liability Trends Update: Towards 2022

2021 presented the general insurance industry with many uncertainties. Our 2020 GL Trends Report provided foresight into several trends that have impacted, and continue to impact, the general liability market in Australia and New Zealand, including historical abuse claims across different sectors, concussion and its impact on sport, as well as COVID-19 risks as it […]

New national safety standards for quad bikes

On 11 October 2021, phase 2 of the Consumer Goods (Quad Bikes) Safety Standard 2019 came into effect. It addresses minimum stability criteria and operator protection devices for quad bikes. In this article, W+K’s Scott Macoun and Trent O’Neill, assisted by Adrian Ballard, look at changes to the national standard and discuss how they may […]

NSW Supreme Court provides guidance on the insolvency test

The NSW Supreme Court recently dismissed two cases brought by various lenders against officers and employees of the failed steel giant Arrium. W+K’s Dean Pinto and Stephen Morrissey look at the useful guidance the Bank of Communications decision provides for insurers on the application of the insolvency test in section 95A of the Corporations Act […]

Emerging Talent Series 2020/2021

The insurance sector attracts and retains young professionals who are hungry for relevant, regular learning and education opportunities. To help further their careers, W+K has put together a multi-part Emerging Talent Series addressing both Property & Energy and General Liability claims issues.