Third successful permanent stay application run to judgment in Queensland

DJW v State of Queensland [2023] QSC 138 At a glance On 19 October 2023, the Supreme Court of Queensland handed down its decision to permanently stay the proceedings in an historic abuse claim. The claim involved a psychiatric injury that was alleged to have developed due to the sexual and physical abuse of an […]

High Court grants special leave for appeal of permanently stayed historic child abuse case

GLJ v Trustees of the Roman Catholic Church for the Diocese of Lismore The High Court of Australia has today granted special leave for the appellant to appeal the decision in The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78, in which the NSW Court of Appeal […]

NSW Supreme Court finds for plaintiff in train platform accident case

Chol v Sydney Trains [2022] NSWSC 1266 The NSW Supreme Court has found for a plaintiff who suffered major injuries after falling between a platform and a train at a Sydney train station. In this matter, the Court accepted that Sydney Trains had a reasonable system of keeping passengers safe. However, it ultimately found Sydney […]

No novel duty owed: Full Federal Court upholds Minister’s appeal in Sharma

The Full Federal Court has unanimously overturned the landmark Sharma decision, which found the Commonwealth Minister for the Environment owed a duty of care to Australian children to avoid risk of personal injury when considering whether to approve a coalmine expansion. While this appeal concerned one Minister’s specific exercise of power under Commonwealth legislation – […]

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 […]

COVID-19 Mandatory Vaccination Order – Health and disability & Education sectors

From 26 October 2021, the COVID-19 Public Health (Vaccination) Order was extended to include workers in the health and disability and education sectors. The lack of time between the announcement, its publication and the requirement to have at least a first dose of vaccination – as well as confusion over who is affected and who […]

General Liability Institutional Abuse Video Series 2021

https://vimeo.com/592583584/1bed767fa3 Welcome Wotton + Kearney has handled over 1000 historical abuse claims as either defence or coverage counsel, and with 45 lawyers now practising in this area across our four Australian offices, this is a category of claims in which we have developed considerable experience and expertise. Our video series is intended to provide a [...]

School successfully defends football head knock case

Mattock v State of New South Wales (New South Wales Department of Education) (No 2) [2021] NSWSC 1045 On 19 August 2021, the NSW Supreme Court dismissed a personal injury claim against a school, which followed the plaintiff’s ‘head knock’ collision with another student during a PE class. The decision was significant for insurers as it […]

Coverage for historic sexual abuse in school case raises problems for insurers

In BB v Helena College [2021] WADC 42, the Western Australia District Court found that three different policies of insurance, held by an insured school, responded to historic acts of intentional sexual abuse by a school teacher. In this article, W+K’s Sean O’Connor and Patrick Thompson provide an in-depth analysis of the coverage issues addressed […]