Striking out a representative action – Houghton v Saunders

Throughout its long life the Feltex representative action proceeding has created a number of significant decisions. With the latest New Zealand High Court decision in Houghton v Saunders, the matter is now on the brink of being struck out. In this update, W+K’s Antony Holden and Michael Cavanaugh look at how the latest Feltex judgment is […]

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 […]

NSW Supreme Court refuses leave to sue court-appointed liquidators

Wotton + Kearney acted for the court-appointed liquidators in response to an application for leave to commence proceedings against them for alleged negligence and misleading or deceptive conduct. The NSW Supreme Court dismissed the leave application and the proceedings with costs. In this case alert, Cain Jackson, Patrick Boardman and Stephen Morrissey explain why this […]

JobKeeper legislation – new risks for EPL insurers

The new JobKeeper legislation, which was passed by the Federal Government on 8 April 2020, confers an extraordinary amount of flexibility on employers to restructure their workforce during the coronavirus crisis.  However, with these new opportunities for employers come a range of new risks. In this article, W+K EPL specalist Chris Mossman explains the issues […]

EPL trends, developments & risks – seminar recording

As workplaces continually evolve, so too do new risks and potential claims. Unfair dismissal, bullying and sexual harassment claims, statutory liability obligations of directors and managers, new whistleblower laws, and the potential impacts of the National Inquiry into Sexual Harassment are just some of the emerging employment risks impacting insurers, brokers, underwriters and insureds in […]

Fair Work Commission releases first substantive COVID-19 decision

On 6 April, the Fair Work Commission handed down its first substantive decision regarding the COVID-19 crisis in Australian Municipal, Administrative, Clerical & Services Union v Auscript Australia Pty Ltd. Its finding that Auscript had breached its consultation obligations is not good news for employers seeking to implement rapid changes to their workforce. In this article, W+K […]

Lockdown – what the Wage Subsidy Scheme means for NZ employers

The NZ economy has been severely hit by the impacts of the coronavirus, with many businesses now in lockdown. The Government has responded with a COVID-19 Wage Subsidy Scheme to help businesses and affected workers in the short-term, as they adjust to the initial impact of COVID-19. For employers, the COVID-19 Wage Subsidy Scheme comes […]

A practical guide on managing EPL exposures caused by COVID-19 for insurers, insureds and brokers

The coronavirus (COVID-19) is having a significant and immediate impact on the entire workforce. Unfortunately, there are daily stories of mass redundancies, closures of businesses and stand down of workers. This guide provides practical advice for EPL insurers, insureds and brokers on how they can meet the insurance challenges created by the virus. W+K EPL […]

COVID-19 and D&O Liability

The Coronavirus Economic Response Package Omnibus Bill 2020 (CERPO Bill) and recent ASIC statements have put focus on management liability issues arising from the COVID-19 crisis. The CERPO Bill provides some temporary relief for directors as they navigate the uncharted territory caused by COVID-19, particularly in addressing insolvency risk. In this update, Cain Jackson and […]