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. […]

#MeToo is not over: sexual harassment claims to stay in the spotlight in 2019

Claims for sexual harassment have risen significantly in Australia during the past year, and they will keep rising. The recommendations from the National Inquiry into Sexual Harassment in Australian Workplaces could mean new claim types emerge. A rise in claims, combined with the renewed focus on sexual harassment, will cause businesses to increasingly take out […]

International D&O Update

There have been some interesting global developments that are changing the landscape for D&O insurers. In this first edition of our International D&O Update, we have joined with our Legalign Global alliance partners to bring a summary of landmark cases and regulatory developments that will impact insurers both here in Australia and across the globe. […]

Heidi Nash-Smith finalist for 2018 Pro Bono Lawyer of the Year

The Lawyers Weekly Women in Law Awards seeks to set a new benchmark for recognising female legal professionals with passion for the law as well as dedication to personal advancement. Last week, the 2018 short list was announced across all categories and we are delighted to advise Heidi Nash-Smith has been nominated as a finalist […]

The Wayne Tank Principle

As published in the New Zealand’s Law Talk magazine on 7 October 2017. The Leggs burnt green waste from their landscaping business and lifestyle block on their Canterbury property. While the fire initially reduced to ash, sufficient combustible material remained that it reignited some weeks later in a strong wind. The root cause was embers […]

The restricted scope of “other insurance” clauses

Andrew Moore and Robert Finnigan discuss the implications of a recent decision by the New South Wales Court of Appeal in Lambert Leasing Inc v QBE Insurance (Australia) Limited [2016] NSWCA 254 which confirms a restrictive operation of section 45 of the Insurance Contracts Act 1984. The limitation of section 45 may lead to increase […]