Open justice under pressure: Queensland suppression order highlights evolving tensions

By: Georgie Austin and Isabelle Ferrali The Queensland Supreme Court has upheld an interim suppression order in a case testing the limits of open justice. The decision considered whether a non-publication order could extend to a prominent third party known as “MM”, whose identity was connected to alleged extortion proceedings but who was not an […]

Private group chats can attract equitable protection, NSW Supreme Court confirms

By: Georgie Austin and Hannah Moore AB v Australian Broadcasting Corporation [2026] NSWSC 767 Introduction The New South Wales Supreme Court’s decision in AB v Australian Broadcasting Corporation [2026] NSWSC 767 is an interesting authority on the protection of confidential electronic communications and the availability of interlocutory relief to restrain threatened media publication. The case […]

ASIC’s case against the directors of Star Entertainment: directors’ duties through a modern lens

By: Yen Seah and Bella Marazita ASIC v Bekier (Liability Judgment) [2026] FCA 196 If you read nothing else, read this: The Federal Court’s 500-page liability judgment in ASIC v Bekier delivers a clear message for directors and officers: passive oversight is not enough. Executives must escalate serious risks – failing to act on red flags can breach […]

Victorian Court of Appeal allows Western Bulldogs’ appeal against damages award

By: Richard Leder, Blake Pappas and Deniz Coskundag Footscray Football Club Ltd v Adam Kneale [2024] VSCA 314 At a glance The Victorian Court of Appeal has allowed the Club’s appeal against the quantum of Mr Kneale’s general damages and economic loss claim, significantly reducing the jury’s $5.9 million award of damages to $2.6 million. The […]

Contempt of court – when true crime podcasts and docuseries break the law

In recent years, documentary series like Netflix’s Making a Murderer and podcasts such as The Teacher’s Pet have proved wildly popular, with tens of millions of users streaming each worldwide. However, online publications like these are treated as being continuously published so they carry a higher risk of attracting contempt of court charges than printed […]

A knockout blow? The current state of CTE and concussion litigation in Australia and around the world

The discovery of CTE in American National Football League players in the early 2000s was a body blow to the professional and amateur sporting landscapes around the world. While little is still known about the causative effects of CTE, sporting organisations, schools, community groups and their insurers have proactively responded to the emerging risk. This […]

When is a dangerous recreational activity risk obvious?

Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11 On 6 April 2022, the High Court addressed the dangerous recreational activity defence under the Civil Liability Act 2002 (NSW) with its decision in Tapp v Australian Bushmen’s Campdraft & Rodeo Association Limited [2022] HCA 11. In the decision, the majority of the […]

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 […]

Sports and concussion liability – Legalign Global seminar

Sports concussion claims are sitting high on the agenda of insurers likely to be impacted by them. This global issue is gaining increasing exposure in the international media. On 9 March 2021, the UK Government launched a select committee to examine the scientific evidence and links between head injury and dementia across all sports where […]

NZ Insurance Market Trends Update

Welcome to Wotton Kearney’s NZ Insurance Market Trends Update, our biannual snapshot of legal trends and developments impacting claims managers, underwriters, brokers and corporates operating in the New Zealand market. In this edition, we look at the impact of recent matters in the areas of D&O claims, representative actions and EPL. We provide updates on […]